CHANDRASHEKHAR Vs. GANGAWWA

JUDGEMENT

(1.) In a suit for declaration, an application filed by respondents/plaintiffs to amend their plaint has been allowed and this is questioned by way of this writ petition.

(2.) Learned counsel Sri Mahesh Wodeyar appearing for petitioners/defendants submits that on an earlier occasion a similar application for amendment putting forth the plea that plaintiffs had succeeded to property under Will was refused by trial Court and was also confirmed by this Court in Writ Petition No.103040/2014(GM-CPC). It is stated, thereafter an application was filed seeking permission to withdraw the suit reserving liberty to file fresh suit and this application was rejected by the trial Court, as against which, both plaintiffs and defendants approached this Court in Writ Petition Nos.113399 and 114766 of 2015 (GM-CPC). It is submitted that in the operative portion of the said writ petition the application for withdrawal of suit with liberty to file fresh suit was actually dismissed and therefore a fresh application for amendment could not have been entertained by trial court.

(3.) On the other hand, learned counsel for respondents submits that as a matter of fact in Writ Petition No.113399 and 114766 of 2015(GM-CPC), this Court had set aside the order on IA.No.XXX and specifically reserved liberty in favour of petitioners (plaintiffs) to urge all contentions on merits including Will dtd. 22/1/1990 and in view of this liberty, the application for amendment was made was rightly allowed by trial Court.