THIMMAKKA Vs. GANGAMMA

JUDGEMENT

(1.) Petitioners are before this Court under Article 227 of the Constitution of India challenging the order dated 26-03-2016 on I.A.No.13 filed under Order 6 Rule 17 of CPC in O.S.No.57/2012 on the file of the Principal Civil Judge and JMFC, Hosadurga.

(2.) Petitioners are plaintiffs in O.S.No.57/2012 which is filed for partition and separate possession. The defendants on service of suit summons appeared and filed their written statement. Based on the pleadings, the trial Court framed the issues. The parties commenced their evidence. When the suit was at the stage of crossexamination of D.W.1, the petitioners filed an application under Order 6 Rule 17 of CPC praying to amend the plaint schedule by including 3 items and also stated that those items came to their knowledge only when D.W.1 admitted in his cross-examination on 17-12-2015 that there are three more items in different villages in addition to 18 items of the suit schedule. The defendants who are respondents herein filed their objections stating that in the affidavit annexed to the I.A., no reasons have been assigned and the I.A. filed is belated one. The trial Court based on the materials available, by its order dated 26-03-2016 rejected the application for amendment filed under Order 6 Rule 17 of CPC. The said order is impugned in this writ petition.

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