BASAVARAJ AND ORS. Vs. SANNARANGE GOWDA

JUDGEMENT

(1.) PETITIONERS are defendants 1 and 2 in O.S. No. 418/2008 on the file of the II Additional Civil Judge and JMFC, Hassan, being aggrieved by the order dated 24th February 2014 rejecting the application filed under Order VI Rule 17 of CPC seeking for amendment of the written statement, filed this writ petition.

(2.) THE respondent herein filed the suit seeking for declaration declaring that he is the absolute owner of the suit schedule property and for a direction to the defendants to put the plaintiff in possession and also sought for arrears of damages of Rs. 30,000/ - and for other reliefs. The contesting defendants filed written statement on 02 -01 -2009 denying the relief sought for in the plaint. On the basis of the pleadings of the parties, the Trial Court framed necessary issues. The parties went for trial. At the fag end of the trial, the defendants filed an application under Order VI Rule 17 of CPC seeking for amendment of the written statement to incorporate paragraph 11A after paragraph 11, which reads as under:

(3.) SRI . M.N. Sunil Kumar, advocate appearing on behalf of Sri. M.N. Madhusudhan, learned counsel for the petitioners contended that the order passed by the Trial Court is contrary to law. The pleadings of the parties can be amended at any stage of the proceedings. The defendants want to clarify some of the defense taken in the written statement and it will not change the cause of action or the nature of the suit. Hence, sought for allowing the writ petition.