ASHUTOSH BANJARI Vs. ASHOK BANJARI

JUDGEMENT

(1.) Heard on the question of admission.

(2.) Since both the writ petitions involve common question of law and fact, they are heard together and are being disposed of by this common order.

(3.) The petitioners herein / plaintiffs therein filed a suit for declaration of title and permanent injunction way back on 30-11-2006 in which written statement was filed by the defendants therein / respondents herein way back on 10-4-2007 and the case was fixed for evidence for the first time on 5-8-2010 and now, after filing of affidavit under Order 18 Rule 4 of the CPC, the plaintiffs filed application that they be allowed to amend the plaint to the effect that the alienation made by the defendants is not binding on the plaintiffs and decree of possession be granted in their favour which was rejected by the trial Court on 18-2-2019 against which these writ petitions under Article 227 of the Constitution of India have been preferred. Thereafter, the petitioners / plaintiffs again filed an application under Order 6 Rule 17 of the CPC and prayed for amendment and also prayed for impleadment of purchasers of the suit land, that has also been rejected by the trial Court on the ground of delay and having been filed after the commencement of trial holding that the sale deed was made in the years 1966, 1972, 1973, 1974, 1984 and 1986 and the suit was filed in the year 2006, therefore, the amendment could not be allowed. Now, questioning the rejection of the amendment, the instant writ petitions have been preferred by the present petitioners / plaintiffs.