KALLAMMA Vs. LAKSHMINARAYANAPPA

JUDGEMENT

(1.) IN this writ petition under Articles 226 and 227 of the Constitution of India, the petitioners have called in question, the order dated 17.6.2013, passed by the Trial Court in O.S. No. 1003/2006 on I.A. No. 13 vide Annexure -'A'. By the impugned order at Annexure -'A', the Trial Court has rejected the application filed by the petitioners for amendment of the written statement.

(2.) AGGRIEVED by that, the petitioners have filed this writ petition.

(3.) THE learned counsel for the petitioners contended that the impugned order cannot be sustained in law. He also submitted that the proposed amendment is in the nature of correcting a mistake and therefore, the impugned order cannot be sustained in law. He also submitted that the petitioners wanted to amend the written statement by adding Deepavali 1972 in place of Uagdi 1962 and therefore, the impugned order cannot be sustained in law. He also submitted that the trial court has erred in rejecting the application on the ground that the proposed amendment takes away the effect of admission and therefore, the impugned order cannot be sustained in law. He placed reliance on the decision of this Court reported in ILR 2009 Karnataka page 746.