LAWS(KAR)-2023-8-1352

ABDUL RASHEED Vs. B. SYED HUSSAIN

Decided On August 04, 2023
ABDUL RASHEED Appellant
V/S
B. Syed Hussain Respondents

JUDGEMENT

(1.) This petition by the defendants in OS No.261/2014 on the file of learned Principal Civil Judge, Gangavathi is directed against the impugned order dtd. 7/9/2017 passed on IA No.6, whereby the said application filed by respondent/plaintiff under Order VI Rule 17 of CPC was allowed by the trial Court.

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

(3.) The material on record discloses that the respondent/plaintiff instituted the aforesaid suit against the petitioners/defendants for permanent injunction and other reliefs in relation to suit schedule immovable properties and the said suit is being contested by the petitioners/defendants. Prior to commencement of trial, respondent/plaintiff filed instant application IA No.6 seeking amendment of the plaint by introducing additional facts in support of his claim. The said application having been opposed by the petitioners/defendants, the trial Court proceeded to pass the impugned order holding as under: Order on I.A.No.6 filed u/o. VI rule 17 of C.P.C