RUKKAMMA Vs. MUNIYELLAPPA

JUDGEMENT

(1.) PETITIONERS are before this Court, assailing the order dated 9.7.2014 passed on IA No. 12 in OS No. 7056/2007 impugned at Annexure -F to the petition.

(2.) PETITIONERS herein are defendants No. 1 to 5 to the said suit. The plaintiffs during the pendency of the suit have filed an application under Order 6 Rule 17 of CPC, seeking to amend the prayer portion made in the plaint, to delete a portion of the prayer [c] to the plaint. The petitioners herein had opposed the said application.

(3.) LEARNED Counsel for the petitioners, while assailing the said order, with reference to the decisions of the Hon'ble Supreme Court, which were cited before the trial court itself, would contend that the Court below has not appropriately considered the aspect relating to amendment subsequent to the restriction placed by amendment made to the Civil Procedure Code. It is contended that at such belated stage, after commencement of the trial, the Court below ought not to have allowed the said application.