RANGAPPA Vs. PARVATHAMMA

JUDGEMENT

(1.) The writ petition is admitted for hearing. With consent of the parties, the same is heard finally.

(2.) In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 30.01.2015 passed by the Trial Court by which application filed by the petitioner under Order VI Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code' for short) has been rejected.

(3.) I have heard the learned counsel for the petitioner and have perused the record. From perusal of the record, it is evident that the plaintiff has filed a suit seeking the relief of permanent injunction. After the plaintiff has adduced the evidence in the form of examination-in-chief of his witnesses and before cross- examination of his witnesses, the petitioner filed an application for amendment seeking to change the measurement of the suit property. However, the aforesaid application has been rejected on the ground that the facts pleaded in the application of amendment was well within his knowledge. In the considered opinion of this court, the Trial Court while passing the impugned order has taken a hyper technical view of the matter. In the amendment, which is necessary for a fair and complete adjudication of the controversy involved in the suit normally has to be allowed.