BABU REDDY Vs. SMT. ARUNA AND OTHERS

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 05/02/2015 on I.A.No.16 in O.S.No.1272/2011 passed by the Fast Track Court III, Bengaluru Rural District, Bengaluru.

(2.) The petitioner is plaintiff and respondents are defendants in O.S.No.1272/2011 filed for partition and separate possession; to cancel the revenue entries and for mesne profit. The plaintiff filed an application under Order 6, Rule 17 at pre-trial stage; to add one sentence in paragraph No.5; to split the schedule making it as 4 items and for deletion of paragraph No.4. The said application is opposed by the defendants by filing objections. The trial Court, by its order dated 05/02/2015, rejected the application of the plaintiff on the ground that admitted facts cannot be deleted as it would change the nature of the suit. Aggrieved by the said order, the plaintiff is before this Court in this petition.

(3.) Heard the learned counsel for the petitioner and learned counsel for the respondents and perused the writ papers.