R.NARAYANASWAMY Vs. RANGAMMA

JUDGEMENT

(1.) The petitioners have assailed the order dated 17.01.2019 passed on I.A.No.39 in O.S.No.74/2011 on the file of the Senior Civil Judge, Malur.

(2.) One Smt.Lakkamma filed Civil suit bearing O.S.No.257/2005 before the Senior Civil Judge, Kolar against the respondents for partition and separate possession. The said suit was transferred to the Senior Civil Judge, Malur ['Trial Court' for short] and re- numbered as O.S.NO.74/2011. During the pendency of the said suit, the original plaintiff Smt.Lakkamma died and her LR Smt.Lakshmamma was brought on record. The said Lakshmamma also died during the pendency of the suit. LRs of deceased Lakshmamma/petitioners herein were brought on record. The LRs of deceased plaintiff filed I.A.No.39 under Order 6 Rule 17 of Code of Civil Procedure, 1908 ['CPC' for short], seeking amendment of the plaint, after conclusion of the evidence and when the matter is set down for arguments on merits. The Trial Court rejected the said application. Hence, this writ petition.

(3.) Learned counsel for the petitioners submitted that the LRs of the deceased original plaintiff after coming on record, noticed certain amendments were necessary to the plaint and hence, sought for the same. However, the Trial Court rejected the same without appreciating the material aspects which goes to the root of the matter and hence seeks for interference by this Court.