ABHIJEET BOS Vs. AJAY JAIN

JUDGEMENT

(1.) THE instant petition is directed against the order dated 17.10.2007 passed by District Judge, Dhamtari in Civil Suit No. 3-A/ 2006 whereby and whereunder the application for amendment in the plaint preferred by the respondents/plaintiffs was allowed by the Court below.

(2.) BRIEF facts of the case are that on 17.10.2005, the plaintiffs (respondents herein) filed a suit for ejectment and arrears of rent against the defendant (petitioner herein). The plaintiffs case in brief is that the plaintiffs purchased the suit property including suit shop vide registered sale-deed dated 08.07.2004 and 26.08.2004 from one Naveen Patel S/o Late Bakor Bhai Patel and acquired its title. The defendant/petitioner denied the derivative title of the plaintiffs in the written statement filed by him on 09.01.2006.

(3.) THE Court below after considering the submissions made by the parties and even after noticing the proviso to Order 6 Rule 17 CPC, allowed the amendment holding that the amendment is clarificatory in nature and is necessary to avoid unnecessary objections which may be raised at the time of evidence and as such the requirement of the proviso to Order 6 Rule 17 CPC is satisfied hence this petition.