AKHLAKH Vs. ISRAR

JUDGEMENT

(1.) By means of the present writ petition, the petitioners seek the following relief:- i) Issue a writ or order in the nature of Certiorari to quash and set aside the impugned order dtd. 23/8/2023 passed by First Additional District Judge, Haridwar in First Appeal no. 69/2022 "Israr and another Vs. Akhlakh and others" whereby the Learned First Additional District Judge, Haridwar allowed the application under Order VI Rule 17 of the respondent no. 1 & 2 (Contained as Annexure No.1 to this writ petition).

(2.) Heard learned counsel for the parties on the admission.

(3.) Learned senior counsel for the petitioners/defendant nos.1 and 2 would submit that respondent nos.1 and 2/plaintiffs filed a suit for cancellation of two sale deeds dtd. 10/1/2014 and 28/1/2015 executed by respondent no.3/defendant no.3 in favour of the petitioners/defendant nos.1 and 2; that, the suit of the respondent nos.1 and 2/plaintiffs was dismissed against which respondent nos.1 & 2/plaintiffs preferred Appeal No.69 of 2022; that, in this appeal respondent nos.1 & 2/plaintiffs moved an application under Order VI Rule 17 C.P.C. (Annexure No.5) whereby the relief was sought to amend the plaint by adding paragraph 5 after 5 as under:-