The High Court · 2025

... Respondents/Plaintiffs lA NO: 1 OF 2025 Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay all further proceedings in respect of o.s.No.33/2022 on the file of above Principal District and Sessions Judge at Jangaon pending disposal of civil Revision Petition. Counsel for the Petitioner: SRI M.SALEEM Counsel for the Respondent Nos.1 to 3: SRt SRINIVASA RAO MADIRAJU The Court made the following: ORDER THE HOITT'BLE SHRI JUSTICE ANIL KUIU AR WKAITTI CIVIL REVISION pEIITION No.161;! of2O25 . ORDER: The Civil Revision petition is frled with the following prayer: pleased to set aside the order I.A.No.2t0 ,,.,.O22 n O.S.No.33/2o22, Dt.24/02/2025 on tt"- iil-"or ^*ou. Prir cipal Distrirt and Sess- rh; ;;iil; ;iJ ;ffi "T:;lffi":isffi ,ij*Tffi i" I :,*:),

2. Heard Mr. IvI. Saleem, learned counsel lbr revision petitioner and Mr. Srinivasa Rao Madiraju, learn,: I counsel for respondent Nos. I to 3.

3. Learne<l counsel for revision petitioner s rbmits that under Order VI R,_rle 17 of Code of Civil procedt le, l90g (for short 'CPC') a petition cannot be liled for arr €,ndment of schedule of the suit. It is submitted that by p: :rritting the amendment, the trial Court ignored the provisions lf CpC. It is further submittecl rhat nature of the suit and sutj )ct property cannot be changed b1, permitting the amendment of s;chedule. It is also submitted thar suit is of the year 2O2O art is Illed for 2 JAK,J C.R.P.No.1613 of 2O25 speciflc performance of agreement of sale dated 20. l2.2OlB. That the trial Court fell in error in allowirg the application bearing I.A.No.21O of 2O22 in O.S.No.33 of 2022 under Order VI Rule 17 of CPC on the frle of Principa-l District and Sessions Judge, Jangaon, by docket order dated 24.02.2025.

4. On the other hand, learned counsel for respondents/plaintiffs submitted that the respondents are the plaintiffs in the suit. They frled Order VI lRule 17 petition to delete the words "plaintiff and in western and northern boundaries of petition schedule". l,earned counsel has invited the attention of this Court to the alfrdavit filed on behalf of petitioners in I.A.No.21O of 2O22 in I.A.No.347 of 2O2O in O.S.No.33 of 2022. It is fr:rther submitted that the trial Court has considered the I.A. on the ground that I.A. seeking the amendment was made before commencernent of trial and amendments can be tested during the time of trial and permitted to amend the plaint ald ttre schetlule under Order VI Rule 17 of CPC. It is also submitted that trial Court has not committed any error in passing the order dated 24.O2.2O25. ' -w, ' f"' 3 JAKJ C F t'.No.1613 of 2025

5. Heard learned counsels, perused the record and considered the submissions.

6. Suit bearing O.S.No.33 of 2022 came to tr, frled in the Court of Principal/Additional District Judge, Wa:.r nga_l, for the specific performance of agreement of sale dated 2o.r2.2oLg. I.A.No.21O of 2022 came to be filed in the Cour- of principal District Judge at Jangaon. The contents of the ajf ctavit filed in I.A.No.21O of 2022 are as follows: "f "l submit that we the petitioners have hled th: suit for 'he relief of specific performance ,g.;; s,ale, dated .2O-I.2 201 8 against the .""po.ra.., tja"f,l y: hry. also filed al application for grant oi tenr mJunctron to restrain the respondent from ali< r mortgaging or otherwise encumbering ttre suit s<:l property to third parties pending disposat of the sr.i respondent/defendant hled hrs counter and ; -while admitting rhe execution of sale agr: :t1t"p:lt d,ated 20.12-2018. We caJne to know that in ti'e schedule as well as petition schedule t}e west an<. srde sult land was mistal<enty typed as ,,land of 1,J and". [n fact, \ve a_re not havi;g o*ning ."V fLa- i. and northern side of the suit schedule p..i..qr-L mistake is purcly inadvertent. We have fif"a for. amendment ot plaint schedule *hi"h i";";;i;; "rr-'"ppli subsequently afrer rransfer ol the suit to thiJ i;;i i Court, we have advised to submit ttr", tlre- i".1., proceedings.are supplementary proceedings, the mit _r petltlon schedlrle also to be "o..".t"d by *, amendment." z.bove :nt of xlant. x)rarjr eting, r:dule .. The ritten :rnent llaint r.orth rintill 'zrtion But r able r:tion l.:e in 7 The prayer sought for in t.A.No.2lO of 2022 is, ts follows: 4 JAK,J C.R.P.No.1613 of 2025 ..Hence it is orayed,- that the Honourable Court may be pleased ro allow us to delete the *".a. ;i?""n r.a" in western and northern boundaries of p"titioiii"rredule,, for rvhich acts of kindness, we shall - ""; p'."y:""

8. Upon hearing the counsels, the principal District and Sessions Judge, Jangaon, by order d,ated 24.02.2025, passed the following docket order: .. *alf"*ti"e 'This petition is frled by the petitioners/plaintifs under order VI Rule t7 of Cp-C to'"*".rJ--ti"-'w"St ,"o Northern boundaries of the schedule of tfr" pfJi"i..,w""t (by amending) as Agricutture t".d .f Chk;;'U;;alararr ana bI delerins agncutturc tand of ptaintiffl,-a* crr .",i :,1_.T: . uppararah and others, and North (by amending) as Agriculture land of t akavath gaOu ana'o'the.",'"C:ii.r.ai"g agriculrure land of plaintiff ana r,akava*r e;bJ #a-ottr".". _l: -1.. ,g ame_nd the perition ..t J"r. UV rh" words "plaintiff and,, in the Weste.r. tJ-- Nlarr"- tioundaries. 2. The peritioners/ plain tiffs submitted that they came to Know recen v about rhe tlpographical mistake 6rept while drafting the plaint, and now they want to "orr"ii it UV am.ending t[e^ qtarnt and petition ""h"dul". fn" i" zua rn [ne yea-r 2o2O. After framing the issues, now the suit is ""ii coming up lor t rial. 3. Tl. respondent/ defendant objected the present arnendm€nt of petirioner wrth costs Uy *rU*ttilg tnat the petirioners filed this petjtion o"fy t" "rra i., rne case, alter Frling of the written statem-ent by the "o'o. "i-.-tu"lri,"" -tiil-;;ed." defendanr. At this Lelated i; .., maintainable and liable to be dismlissed 4. Heard both. perused the record. 5. As. per.Order VI Rule 17, the law provides fot- Amendment of pleadings The Court may at ,.y "t"g"'-"f ,fr. proceedings allow either party to alter or #..ra ni" pleadings in such a manner and on such t"arn"-""'rn"y U" "t"s", r__+_*r, 5 JAK,J C.l P.No.1613 of 2025 Just, and a_11 such arnendments shall be made as r necessary for the purpose of determining tfr" .-J",, rn controversy between parLies: provided"that ror amendment shall be allowed after tfre ii. ";;;;l commenced, unless the Court comes to the conclusrc in spite. of due diligence, the party could not have rars matter before the comrnencement of trial. " ,"..P: above, the pleadings can be amended -9:O" ume prouded a cogent rerson is pleaded ,rd pror"J f delay. The petit_ionEr contends ,l.r;, ,yp;;p;;il; wa: cfept in the plaint at the west ;'d fr";;;;.; 3nd. they want to amend the "-".. ih.-;.;;;, firstly made before the corunencement of tria.l al errsuing arnendments is also to Ue t.stea ; fi, .herefore, the petitioners can be permitted-t; ;; plaint..and the petition schedute. ^ .fne O..i-i"-r, , accordingly in favour of the petitioners. 1. Ll ft. result, rhe peridon is allowed on rhe c(,r r Rs.sOO/-. Liry be stions c ation L has -l that rl the t arry rr the s take l,aries rrt is 1 the rrial, I t]:e ts of

9. This is the order which is under challenge ltsf6ls thi. Court.

10. Order VI Rule l7 of CpC is as follows: "l7.Amendment of pleadings._ The Court n.: any slage ot thc proceedings allow-eirh". ;";;;;'; ,. o. ' amend his pleadings in suc-h --.,". -J #-".i.i",J,, may be just, and all such amendments shall be ma I : as = "" may F necessarJr for the purpose of aete.mi.,ing if,,, .."f questions in controversy berween thc parties: provided that no anolication for amendment shrr be allowed after the trial h;: comes to the concrusion ,r"i",TTrl[.3, J#H,J:.;.:, ll: party courd not have .ai"ea irre ;;;.",;.J:,... ,o. commencement of trial.,, 6 JAK,J C.R.P.No.1613 of 2025

11. Order VI Rule 17 cf CpC deals with amendment of pleadings. The purpose of object of Order VI Rule 17 of CpC is to allow either party to alter or amend his pleadings. The power to allow the amendment can be exercised at arry stage of proceedings in the interests of justice. Amendment cannot be claimed as a mattei: of right but courts sho.-r_ld have to adopt a cautious approach. Technicalities in la,,v shor.rld not be permitted to hamper the courts in the administration of justice between the parties. Amendments are permitted/allowed to the pleadings to avoid multiplicity of litigation. If certain facts/at times materiar facts, are not preaded or any deficiencies or mista_kes have crept into the pleadings inadvertently and not made part of the pleadings by either parties and when the question involved bet\&,een the parties cannot be fina1ly determined and there a likelihood of multiplicity of proceedings or if the dispute cannot be adjudicated, tJre Court is empowered under Order VI Rule 17 cf CpC to permit such amendments to be carried out which are necessary in the IS w!e, 7 JAK,J CF t.No.1613 of 2025 interests of justice, but courts have to adol> a cautious approach.

12. This Court is conscious of the prayer whict the Section in the application bearing I.A.No.210 : made under '2022 oothe hle of Principal District and Sessions Judge, JarLr ;aon. Though the docket order speaks with regard to amend r r,:nt but any amendment allowed has to be confined to the 1 u'ayer of I.A. which is being sought, in the present case, I t e: prayer for g I amendment is as extracted supra to the exte r t sought for amendment in I.A.No.21O of 2022. The order o the learned Judge cannot be found fault with, this Court does not hnd any inhrmity or illegality as it is clearly reflected in r re order that amendment is made before commencement of t: i rl and if any amendment is sought for before the trial, such arr :ndment can be put to test by the other side in the ensuing tr r

1. This Court is not inclined to interfere with the order p a ssed by the Principal District and Sessions Judge, Jangaon, n [.A.No.210 of 2022 in O.S.No.33 of 2022 dated 24.02.2025. 8 IAK,J C.R.P.No.1613 of Z0Z5

13. For the reasons aforesaid, the Civil Revision petition is devoid of merits, is liable to be dismissed and accordingly dismissed. No costs. Miscellaneous applications pending, if *y, shall stand closed. D/- L. LAKSHMI BABU DEPUW REGISTRAR //TRUE COPY// ECTION OFFICER \ To, 1 2 3 4 The Principal District and Sessions Judge at Ja One CC to SRI M.SALEEM, Advocate [OPUC] One CC to SRI SRINIVASA RAO MADIRAJU, Ad Two CD Copies n n vocate [OPUC] o NVB/SA HIGH COURT DATED:2910712025 ORDER CRP.No.1613 of 2025 ; olA ,y'.i'"i ' t''' .F' jr. lr- 1 [,[] )lt:l n z ( -t ?ct4t: * DISMISSING THE CIVIL REVISION PETIl ION WTHOUT COST JI t b,L