MIR HUSSAIN Vs. MIR ABDULLA @ BASHA

JUDGEMENT

(1.) Petitioners are before this Court challenging the order dated 04-12-2013 passed on I.A.No.19 in O.S.No.72/2004 on the file of the Additional Civil Judge and JMFC, Ramanagara under Article 227 of the Constitution of India.

(2.) The Original plaintiff, father of petitioners filed O.S.No.72/2004 for declaration and possession of the suit schedule property. The suit came to be dismissed on 25-5- 2009 against which, R.A.No.121/2009 was filed. The said Regular Appeal was remanded by a judgment and decree dated 15-10-2011 to the trial Court for fresh consideration. After remand, the plaintiff filed I.A.No.19 under Order VI Rule 17 of CPC for amendment of plaint to include certain subsequent developments to the plaint. The said application was resisted by the defendant stating that the said amendment is wholly unnecessary for deciding the issue involved in the suit. The trial Court by its order dated 04-12-2013 rejected the application filed by the plaintiff under Order VI Rule 17 of CPC which is impugned in the present writ petition.

(3.) Heard the learned counsel for the petitioners as well as the respondents and perused the writ papers.