Filing an amendment petition after the trial's commencement is not, in itself, a valid ground for rejection.
The Court below in the impugned order held that the subsequent document executed by the defendant No.2 is hit by Section 52 of Transfer of Property Act and it will have its validity subject to the result of the main suit. The defendant No.2, in spite of interim injunction passed by the Court below, executed registered document in favour of the defendant No.3, which clearly shows the mala fide intention of the defendant No.2. In view of the same, the Court below failed to consider the conduct of the parties and basing on mere technicalities passed the impugned order and the filing of the amendment petition after commencement of the trial is not a ground for rejecting amendment petition and the Court below has to take into consideration of the facts of the case. In view of the same, in the instant case, to avoid multiplicity of litigation in view of consequential events, the amendment sought by the petitioner is liable to be allowed.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD K. SARATH, J. C.R.P. No. 2944 of 2023 DECIDED ON : 25-01-2024 Sri Sai Mourya Estates and Projects Ltd., rep. by its Director S.Jaya Prakash Vs. V. Suresh Reddy and others
12/17/20241 min read