SMT. K. HYMAVATHI Vs. SRI DATTATREYA SARMA

JUDGEMENT

(1.) This petition is filed under Article 227 of the Contitution of India, challenging the order in I.A.No.1906 of 2014 in O.S.No.480 of 2012 dated 15.10.2015 passed by the III Additional Chief Judge, City Civil Court, Hyderabad, allowing an application filed under Order 6, Rule 17 C.P.C, to amend the pleadings in the plaint.

(2.) The petitioners herein are the respondents (defendants) and the respondents herein were the petitioners (plaintiffs) before the Trial Court. For the sake of convenience, they will hereinafter be referred as petitioners and respondents, as arrayed before the Trial Court.

(3.) The petitioners filed petition under Order 6, Rule 17 C.P.C seeking permission to amend the pleadings, as mentioned in the petition, alleging that the suit was filed for cancellation of Registered Will dated 16.07.1997, executed by their father Mr. Boyi Bhimanna, during his lifetime. The counsel who was engaged initially was changed, as he was unable to bestow sufficient time on the suit and appointed the present counsel, who, in turn, advised the petitioners to seek amendment of pleadings such as suit for cancellation of Will Deed, partition and separate possession of suit schedule properties covered by the Will. The petitioners submitted that, if the Will is declared as null and void and cancelled by the Court, the property will become joint property of Hindu Coparcenary and in such case, it is essential to seek partition into six equal shares among the petitioners and respondents 2 and 3. The petitioners submitted that, while respondents 2 and 3 are illegitimate children of the father of the petitioners, respondent no. 1 is not legally wedded wife of the petitioners' father and thereby, respondent no. 1 is not entitled to claim any share in the property. It is further submitted that, as the Trial in the suit has not been commenced, the petitioners are entitled to seek amendment the pleadings i.e plaint and the proposed amendment would not cause any prejudice to the petitioners, thereby, prayed to permit the petitioners to amend the plaint incorporating several paragraphs. It is to be noticed that the proposed amendment is running into four pages, including substitution of various schedules at page no.10 of the plaint and other consequential amendments.