LAWS(DLH)-2015-4-552

JAGBIR SINGH AND ANR. Vs. DHARAMVIR AND ORS.

Decided On April 08, 2015
Jagbir Singh And Anr. Appellant
V/S
Dharamvir And Ors. Respondents

JUDGEMENT

(1.) Aggrieved by the order dated 2nd November, 2010 whereby the application of respondents/legal heirs of plaintiff Bhagwati Devi seeking amendment of the plaint was allowed, the petitioners/defendants in Suit No.1041/2002 prefer the present petition.

(2.) By way of application under Order 6, Rule 17 read with Section 151 CPC the legal heirs of Bhagwati Devi had sought the following amendments and prayer clause:-

(3.) The objection of the petitioners herein to the impugned order is that since trial has started, no amendment could have been allowed and the purpose of amendment was only to drag the litigation. It could be said that despite due diligence these facts were in the knowledge of L.Rs. of Bhagwati Devi.