VENKATALAKSHMI AND ORS. Vs. PADMA AND ORS.

JUDGEMENT

(1.) The respondent Nos.1 to 3, as the plaintiffs, have filed O.S.No.2422/2006, in the City Civil Court, Bengaluru, to pass a decree of partition and separate possession against the petitioners and respondent Nos.4 and 5 herein/defendants. Written statement contesting the suit having been filed, after raising of issues, trial has commenced. At the stage of cross-examination of PW.2, I.A.No.5 was filed by defendant Nos.1 to 9, under Order 6, Rule 17 r/w Section 151, CPC, to permit the amendment of the written statement in the manner proposed. Said application was opposed by the plaintiffs. The learned Trial Judge finding the application to have been filed after a long lapse of time of filing the written statement and after commencement of trial and being of the view that the proposed amendment introduces a new case, contradicting and nullifying the plea taken in the original written statement, and is likely to cause prejudice to the plaintiffs, has passed an order of dismissal on 21.02.2014 vide Annexure-F. This writ petition was filed to set aside the said order and permit the amendment of the written statement, as proposed in I.A.No.5.

(2.) Heard the learned advocates appearing for the parties and perused the petition.

(3.) Written statement was sought to be amended by incorporating an additional pleading to the following effect: