PINAKIN NARENDRABHAI PATEL Vs. PRAFULKUMAR CHINUBHAI AMIN

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed by the petitioners against the order dated 01.10.2018 passed below exh. 88 in Regular Civil Suit No. 157 of 2007 by the learned 2nd Additional Senior Civil Judge, Rajpipla, District: Narmada, whereby, the learned trial Judge was pleased to reject the application exh. 88, filed by the present petitioners original plaintiffs under O.6 R.17 Civil Procedure Code, 1908 (CPC) for amendment in the suit.

(2.) Facts in nutshell of the case on hand are that the petitioners - original plaintiffs have filed aforesaid suit for declaration and permanent injunction before the civil Court at Rajpipla in the year 2007. In the said they moved an application under O.6 R.17 of the CPC on 13.03.2018 for amendment of plaint, to precise, to add the prayer clause by inserting prayer 3- A, whereby, it was sought to be prayed that, 'the disputed land is in the possession of the plaintiffs and they cultivate the same and take the produces thereof, although, if the Hon'ble Court comes to a conclusion that the disputed land is in possession of the defendants, in that case, it is prayed to get the possession of the said land from the defendants and handover to the plaintiffs'. The said application came to be rejected by the learned trial Judge and hence, this petition.

(3.) Rule.