GIRDHARBHAI GANDUBHAI TARPARA Vs. GANDALAL MEGHABHAI

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India challenges order dated 1-9-2009 passed below Application Ex.30 in Regular Civil Suit No.108 of 2007 by the learned Principal Civil Judge, Kalavad, whereby the application for amendment of the plaint was rejected.

(2.) FACTS in short are that the present petitioners-original plaintiffs filed a suit in the Court of learned Principal Civil Judge, Kalavad, on 15-11-2007 for a declaration that the plaintiffs are owners and they are in possession of the agricultural land and for a permanent injunction restraining the defendants from initiating any action for taking possession. The plaintiffs also preferred an application for ad-interim injunction, which was not pressed. Thereafter, on 23-6-2009, the plaintiffs preferred an application at Ex.30 under Order 6 Rule 17 seeking amendment of the plaint. Upon hearing the learned advocates appearing for the respective parties, the learned Principal Civil Judge, Kalavad, vide order dated 1-9-2009 dismissed the said application. Hence, the present petition by the original plaintiffs.

(3.) LEARNED advocate, Mr.Mepara, submitted that the trial court has rightly held that amendment was sought after a long lapse of time of filing the suit, placing the injunction application, framing the issues and seeking several adjournments and, hence, cannot be entertained.