LAWS(KAR)-2018-12-351

SRI. HARICHANDRAPPA Vs. SRI. GANGADHARAPPA

Decided On December 12, 2018
Sri. Harichandrappa Appellant
V/S
Sri. Gangadharappa Respondents

JUDGEMENT

(1.) Petitioner/plaintiff is before this Court, assailing the order dated 03-07-2014 passed on I.A.No.3 in O.S.No.248/2012 on the file of the Civil Judge and JMFC, Gudibanda by which, the application under Order 6, Rule 17 of Civil Procedure Code is rejected.

(2.) Petitioner is the plaintiff and respondents are defendants in O.S.No.248/2012 filed for a decree of partition of the suit schedule properties. When the suit was at the stage of plaintiff's evidence, the plaintiff filed an application for amendment of the plaint to add paragraph 3(a) to insert additional facts and to include three items of the properties to the suit schedule. In the affidavit filed in support of the application it is stated that items No.5 to 7 which the plaintiff intends to include by way of amendment and they are joint family properties. By the impugned order, the trial Court rejected the application filed by the plaintiff on the ground that the application is filed belatedly and no particulars are furnished in respect of the items which are sought to be included to the suit schedule. Aggrieved by the said order, the petitioner/plaintiff is before this Court in this writ petition.

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