ACADEMY OF LIBERAL EDUCATION Vs. K. V. CHIDANANDA

JUDGEMENT

(1.) This petition by the plaintiffs in O.S.No.12/2021 on the file of the Senior Civil Judge and JMFC, Sullia, Dakshina Kannada (for short, 'the trial Court') is directed against the impugned order dtd. 20/4/2023 on I.A.No.XXXI under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short, 'CPC') whereby, the said application filed by the respondents-defendants seeking amendment of the written statement by introducing/putting forth the additional defenses and counterclaim against the petitioners- plaintiffs was allowed by the trial Court.

(2.) Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.

(3.) The material on record discloses that the petitioners- plaintiffs instituted the aforesaid suit against the respondents- defendants for declaration, mandatory injunction and other reliefs and the said suit is being contested by the respondents- defendants, who have filed their written statement. Subsequently, prior to framing of Issues, the respondents-defendants filed the instant application (I.A.No.XXXI) under Order VI Rule 17 of CPC seeking amendment of the written statement by putting forth certain additional defenses as well as the counterclaim, both in respect of subsequent events that have transpired/occurred subsequent to filing of their written statement. The said application having been opposed by the petitioners-plaintiffs, the trial Court proceeded to pass the impugned order allowing I.A.No.XXXI, aggrieved by which, the petitioners-plaintiffs are before this Court by way of the present petition.