SHAILESHKUMAR NATHALAL MODH Vs. CHAUDHARY TAKAHATBEN KESHARBHAI

JUDGEMENT

(1.) The present petition is directed against the order dated 06.02.2012 passed by the learned Principal Senior Civil Judge, Palanpur on an application under Order 6 Rule 17 of the Code of Civil Procedure (for short, the 'Code') filed below Exh.106 in Special Civil Suit No.5 of 2008 by the petitioners original plaintiffs (hereinafter referred to as the 'plaintiffs') for amendment of their plaint.

(2.) With a view to properly understand and appreciate controversy involved in this petition, case set-up by the parties, out of which this petition has arisen and on which, learned Senior Counsel for the parties were not at variance at the time of hearing, needs to be briefly noted. The facts are as under:-

(3.) Learned Senior Counsel Mr.S.N. Soprakar appearing for learned advocate Ms.Archna Acharya for the plaintiffs submitted that the trial court has fallen into an error in dismissing an application for amendment of plaint. According to him, it was necessary to be carried out with a view to set at rest the controversy between the parties whether the suit land was to be sold at the rate of Rs.16/- per sq.ft. or at Rs.36/- per sq.ft. and also necessary to settle the dispute between the parties for all the times to come. While advancing the case of the plaintiffs, further, learned Senior Counsel Mr.Soparkar urged that rules of procedure are meant to advance the cause of justice and not to thwart it, after referring to the case-laws cited by him on the point and as more precisely laid-down in the cases of;