SAROJAMMA AND ORS Vs. V CHANDRASHEKAR AND ORS

JUDGEMENT

(1.) The plaintiffs had made an application under Order 6 Rule 17 CPC r/w Order 23 Rule 1 CPC and sought for amendment of plaint as follows:-

(2.) The application was objected by defendants. The learned trial Judge dismissed the application on the ground that these facts were available to plaintiffs before commencement of trial. The plaintiffs had no impediment to file the application for amendment before commencement of trial.

(3.) The learned trial Judge relying on the judgment of the Supreme Court in the case of J.Samuel & others Vs. Gattu Mahesh & others,2012 SAR(Civ) 169has held that plaintiffs have not exercised due diligence; facts stated in the application were within the knowledge of plaintiffs before commencement of trial. The case is set down for arguments. If proposed amendment is accepted, it would set back clock.