CHETAN Vs. ALKA

JUDGEMENT

(1.) The captioned writ petition is filed by the plaintiffs feeling aggrieved by the order passed by the learned Judge on an amendment application filed in I.A.Nos.10, 12 and 14. The learned Judge has partly allowed I.A.No.10 and I.A.No.12 which is filed seeking amendment of plaint is rejected in its entirety.

(2.) Heard the learned counsel for the petitioners and learned counsel for the respondents, perused the pleadings as well as order under challenge.

(3.) Learned Judge while considering the amendment of rejoinder has declined amendment at para 3 and 14. On examination of the averments and the stand taken by the plaintiffs in the plaint and the rejoinder, I am of the view that to replace the words "is true and correct" and substitute the words "is partially true and partially incorrect", cannot be entertained. As rightly pointed by the learned counsel for the respondents/defendants, plaintiffs by way of proposed amendment intends to withdraw the earlier pleadings, which is not permissible.