L K TRUST Vs. RADHAKRISHNA KHANDASARI SUGAR FACTORY

JUDGEMENT

(1.) Petitioner is before this Court under Article 227 of the Constitution of India, against rejection of I.A.No.7 filed under Order VI Rule 17 of CPC in O.S.No.398/2008 on the file of the Additional Civil Judge and JMFC at Ramanagara.

(2.) The petitioner is plaintiff and respondents are defendants in O.S.No.398/2008 initially filed for judgment and decree of permanent injunction to restrain the defendants from interfering with possession of the plaintiff over the suit schedule property. Subsequently by way of amendment to the plaint, the plaintiff included the prayer to declare that the plaintiff is entitled to protection under Section 53A of the Transfer of Property Act (hereinafter referred to as 'the Act' for short) from dispossession of the suit schedule property by the defendants or anybody claiming under them. When the matter stood at the stage of plaintiff's evidence, the plaintiff filed I.A.No.7 under Order VI Rule 17 of CPC to include paragraphs 10A to 10C, to add regarding cause of action after paragraph 11 and also to add the following prayer as prayer-1:

(3.) The respondents/defendants filed detailed objections to the application for amendment contending that the application is highly belated and filed with the sole intention of taking away the admissions made in the plaint. It is stated that when there is a direction to decide the suit within an outer limit of one year in W.P.No.22773/2016 and when the matter is posted for plaintiffs' evidence, the plaintiff has filed the application only to drag on the proceedings. It is also contended that the proposed amendment would change the very nature of the suit and new case is being introduced that too after several years after filing the suit.