HOMBALAMMA Vs. PUTTAMMA

JUDGEMENT

(1.) Petitioners being the plaintiffs in a suit for partition and declaration in O.S.No.590/2012 are invoking the writ jurisdiction of this court for assailing the order dated 8.6.2017, a copy whereof is at Annexure - A whereby learned II Addl. Civil Judge, Hassan, having rejected their application in I.A.No.1 filed under Order VI Rule 17 r/w section 151 of CPC, 1908, has denied leave to amend the plaint.

(2.) After service of notice, the 28th defendant having entered appearance through his counsel, resists the Writ Petition, notice to other respondents having already dispensed with.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this court is of the considered opinion that the impugned order is liable to be set at naught and the court below ought to have granted leave to amend the plaint for the following reasons: