AI Structured Summary
Not yet generated for this judgment
Judgment
Leave granted.
This appeal is directed against the final judgment and order dated 2nd June, 2017 in CRP No.2706/2015 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh. The only question involved in the appeal is whether courts below were justified in dismissing the amendment application filed by the appellant (plaintiff) seeking to amend the plaint.
Having heard learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the amendment proposed by the appellant-plaintiff (Husband) in the plaint, as in our opinion, the amendment proposed is not likely to change the nature of the relief originally claimed in the suit.
Both the reliefs i.e. the one originally claimed in the suit and now in the proposed amendment are founded on the ground specified under Section 10 read with Section 13(1) of the Hindu Marriage Act, 1955 and therefore we do not find any apparent conflict if proposed amendment is allowed.
The appeal is thus allowed. Impugned oder is set aside. As a consequence, the amendment proposed by the appellant-plaintiff is allowed. It be incorporated in the plaint and suit be tried after affording an opportunity to the defendant to make consequential amendment in the written statement.