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Bombay High Court

CHANDRAKALA HIRAMAN ALIAS BALU MOTKARI AND ANRversusSUDAM HIRAMAN ALIAS BALU MOTKARI AND ORS

Decided
Disposal
Disposed Off

Holding

The amendment was permissible and the petition was dismissed.

Summary

The petitioners Chandrakala Hiraman alias Balu Motkari and another challenged an order of the Civil Judge, Nashik, which allowed amendment of the plaint to include joint family properties and to implead additional parties for a partition suit. The amendment was sought at the pre‑trial stage and the judge held that Order VI Rule 17 of the CPC did not bar it, noting that the amendment was necessary to resolve all issues and would not prejudice the petitioners. The High Court, exercising its supervisory jurisdiction, examined whether the amendment was legally permissible and whether any prejudice existed. It found that the amendment was essential for adjudicating the controversy and that no prejudice to the petitioners was shown. Consequently, the Court dismissed the writ petition, upholding the lower court’s order.

Issues considered

  • Whether an amendment of the plaint at the pre‑trial stage to include joint family properties and implead additional parties is permissible under Order VI Rule 17 of the Code of Civil Procedure, 1908.
  • Whether such amendment would cause prejudice to the petitioners.

Legislation cited

Subjects

  • amendment of plaint
  • Civil Procedure Code
  • joint family property
  • impleadment
  • pre‑trial amendment
  • supervisory jurisdiction

Judgment

       Digitally
       signed by
       MEERA
MEERA MAHESH
MAHESH JADHAV                                                               29-WP-4890-26.DOC
JADHAV Date:
       2026.08.20
       16:02:56
       +0530




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                         WRIT PETITION NO. 4890 OF 2026

                    Chandrakala Hiraman Alias Balu Motkari And Anr             ...Petitioners

                            Versus

                    Sudam Hiraman Alias Balu Motkari And Ors                   ...Respondents

                                                 ----------
                    Mr. Shriram Kulkarni a/w Mr. Gaurav Ugale and Mr. Devesh B for
                    Petitioners.
                                                -----------

                                                    CORAM:       N. J. JAMADAR, J.
                                                    DATE :       18th AUGUST 2026


                    P.C.:

                    1.      Heard the Learned Counsel for the Petitioner.

                    2.      The challenge in this petition is to an order dated 6 th February

                    2026 passed by the Learned Civil Judge, Nashik, whereby an application

                    for amendment of the plaint came to be allowed so as to incorporate the

                    properties which were stated to be joint family properties and implead

                    the parties who appeared to be necessary for adjudication of the suit for

                    partition.

                    3.      The amendment was sought at the pre-trial stage. The interdict

                    contained in the proviso to Order VI Rule 17 of the Code of Civil

                    Procedure, 1908, was not attracted. The learned Civil Judge has rightly

                    Meera Jadhav                          1/2
                                                       29-WP-4890-26.DOC

recorded that the proposed amendment is necessary for the

determination of all the questions in controversy between the parties.

There is no potentiality of prejudice to the Petitioners.

4.     Thus, in exercise of its supervisory jurisdiction, this Court does

not find any legal infirmity in the impugned order. The Petition

accordingly stands dismissed.



                                              [N. J. JAMADAR, J.]




Meera Jadhav                           2/2


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