ASHARAF ALI Vs. KANEEZ FATIMA SINCE DEAD

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dated 11/01/2019 passed in Civil Suit No. 155A/17 wherein learned 6th Civil Judge Class-I, Raipur has granted the application under Order 6 Rule 17 read with Section 151 of CPC for amendment in the plaint, filed by the legal heirs of the deceased plaintiff i.e. Kaneez Fatima, who were later impleaded as plaintiffs in the suit.

(2.) Learned counsel for the petitioner/defendant No. 4 submits that the proposed amendment has changed the nature of the suit therefore, it ought not to have been granted by the learned trial Court.

(3.) I have heard learned counsel for the petitioner, considered his submissions and went through the records with utmost circumspection.