SAVITABEN KURJIBHAI PATEL Vs. JINABHAI GOKALBHAI RAIYANI

JUDGEMENT

(1.) HEARD Mr.B.D.Karia, learned Advocate for the petitioners and Mr.Dharmesh Nanavaty for the respondents.

(2.) BY way of this petition under Article 227 of the Constitution of India, the petitioners - original plaintiffs have prayed for an appropriate Writ, order to quash and set aside the impugned order dated 12.07.2007 passed by the learned Senior Civil Judge and JMFC, Gondal below application Exh.187 in Regular Civil Suit No.161 of 1993 pending in the Court of learned Civil Judge (SD), Gondal by which the learned trial Court has dismissed the application submitted by the petitioners to amend the plaint by adding prayer to quash and set aside the registered sale deed in favour of defendant Nos.2 to 4.

(3.) THE petitioners - original plaintiffs had instituted Regular Civil Suit No.161 of 1993 in the learned Principal Civil Judge (SD), Gondal against the defendants, husband of petitioner No.1 and others for declaration and permanent injunction declaring that defendant Nos.1 to 4 have no right or authority to transfer, sell and/or alienate the land in question and permanent injunction to that effect was also asked. Necessary averments with respect to sale deed in favour of defendant Nos.2 to 4 were also made in the Suit. Further prayer to quash and set aside the sale deed in favour of defendant Nos.2 to 4 was not sought and therefore, the petitioners submitted application under Order VI Rule 17 of the Civil Procedure Code to amend the plaint by adding prayer only to quash and set aside the sale deed in favour of defendant Nos.2 to 4. Said application came to be dismissed / rejected by the learned trial Court by observing that said application is given after a period of 14 years and that the issues are already framed and matter is at the stage of pronouncement of judgment. Being aggrieved and dissatisfied with the impugned order rejecting the application submitted by the petitioners under Order VI Rule 17, the petitioners have preferred present Special Civil Application under Article 227 of the Constitution of India.