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ADVOCATEMMMOHAN -  Practicing both IN CIVIL, CRIMINAL AND FAMILY LAWS,Etc.,

Thursday, April 16, 2015

Or.VI, rule 17 C.P.C.- trial completed - in the midst of the arguments - filed petition for amendment of plaint to claim the relief of declaration of title and also for the relief of correction of record of rights in favour of the petitioners - Trail declined as highly belated - their lordships of Telangan held that They have slept over various stages for a period of ten years and leisurely filed the application for amendment after completion of the trial and more than one year after commencement of the arguments. These facts would clinchingly establish that the mandatory requirement of satisfying the Court, that despite due diligence, they could not have filed the application for amendment earlier, has not been satisfied by the petitioners. The lower Court has, therefore, rightly dismissed the application. Hence, I do not find any reason to interfere with the order of the lower Court. - 2015 Telangana msklawreports



After completion of trial,
the case underwent several adjournments for arguments. While 
so, in the midst of the arguments, the petitioners filed I.A.No.296
of 2014 under Order VI Rule 17 read with Section 151 of the
Code of Civil Procedure for amendment of plaint to claim the
relief of declaration of title and also for the relief of correction
of record of rights in favour of the petitioners.
As rightly observed by the lower Court, since the
respondents have been strongly asserting their title over the suit
schedule property, the petitioners should have claimed the relief
of declaration of title in the beginning itself. Even if for any
reason there was a bona fide lapse on the part of the petitioners
to claim such a relief initially, at least after the entries in the
revenue record were altered in favour of the respondents in the
year 2005-06, they should have come out with the application
for amendment.

     It appears Exs.B-6 to B-17 were marked as far back as the
year 2012. At least within a reasonable time of marking those
documents, the petitioners should have filed the application for
amendment. They have slept over various stages for a period of
ten years and leisurely filed the application for amendment after
completion of the trial and more than one year after
commencement of the arguments. These facts would clinchingly
establish that the mandatory requirement of satisfying the
Court, that despite due diligence, they could not have filed the
application for amendment earlier, has not been satisfied by the
petitioners. The lower Court has, therefore, rightly dismissed the
application. Hence, I do not find any reason to interfere with the
order of the lower Court. - 2015 Telangana msklawreports

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