Telangana HC allows amendment of a suit property's boundary description, saying it adds no new cause of action

Summary

A plaintiff in a pending title suit before the Junior Civil Judge at Miryalaguda asked to correct the southern boundary of the suit property from 'Road leads to Adavidevulapally to Chityala' to 'Flood Flow Canal and Road'. The trial court refused. The High Court set that order aside in a civil revision petition and allowed the amendment.

The court's decision

The Court held that the amendment, on its face, does not introduce a new cause of action or change the character of the suit, and would help decide the real controversy and avoid multiplicity of proceedings. The apprehension of prejudice was not a reason to refuse it altogether, since the respondents can file additional pleadings and cross-examine at trial. It set aside the order of 9 July 2026, allowed the application under Order VI Rule 17 read with Section 151 CPC, directed the trial court to give the respondents a reasonable opportunity to respond, left the correctness of the new description to be decided on evidence, and asked it to dispose of the suit expeditiously. The respondents did not appear despite service of notice, which the Court treated as sufficient under Section 27 of the General Clauses Act.

Provisions referred to

Article 227 of the Constitution of India

Order VI Rule 17, Code of Civil Procedure

Section 151, Code of Civil Procedure

Section 27, General Clauses Act

Official source: High Court for the State of Telangana. The PDF above is a copy from an open dataset of the court's public records.

This summary is prepared for general assistance only. It may contain errors and is not legal advice — rely on the full judgment.

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