KADASIDDAIAH Vs. K.REVA HEGGADE

JUDGEMENT

(1.) Petitioner being the plaintiff in a specific performance suit in O.S.No.177/2006 is at the door steps of the Writ Court complaining against the order dated 18.11.2015, a copy whereof is at Annexure-A whereby the learned Sr. Civil Judge at Doddaballapur, having partly rejected his application filed under Order VI Rule 17 of CPC, 1908 denied leave to amend the plaint in terms of paragraphs 9(d) to 9(f) in the subject application.

(2.) After service of notice, the respondent - defendants s having entered appearance through their counsel, resist the Writ Petition making justification of the impugned order and the reasoning on which it is structured; notice to respondent No.3 is held sufficient in view of paper publication; respondent Nos. 4 & 5 despite service of notice, have chosen to remain unrepresented.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is of a considered opinion that the impugned order being unsustainable; relief needs to be granted to the petitioner for the following reasons: