JAYAMMA Vs. DODDA VENKATASWAMY REDDY

JUDGEMENT

(1.) The petitioners are before this Court, under Article 226 of the Constitution of India, assailing the order dated 2.4.2018 passed on IA No.12 in O.S.No.3998/2007 on the file of the XVIII Addl. City Civil Judge, Bengaluru.

(2.) The petitioners are plaintiffs and respondents are defendants. The plaintiffs' suit is against the father, brother and sisters for partition of suit schedule properties. The defendants filed the written statement, issues were framed and parties lead their evidence in the suit. When the matter was at the stage of cross examination of the defendants, the plaintiffs filed an application for amendment of plaint to include certain facts and to add additional prayer for declaration that two sale deeds and two gift deeds are not binding on the plaintiffs. The said application was resisted by the defendants by filing objections mainly contending that the plaintiffs have slept over the matter and at a belated stage, amendment application is filed and also contended that the question of limitation would come in the way of considering the application.

(3.) The Trial Court by its order dated 2.4.2018 rejected the application observing that the time barred application cannot be considered as the matter having now posted for evidence of the defendants and that no bona fide reasons are mentioned by the plaintiffs for not filing the application for amendment at an appropriate time. The said rejection of the application is impugned in the present writ petitions.