KETAN RAMESHBHAI PATEL Vs. DAYABHAI KESHAVLAL PATEL

JUDGEMENT

(1.) HEARD Mr. Jigar Patel, learned Advocate appearing on behalf of the petitioner ?" original plaintiffs and Mr. Mihir Joshi, learned Senior Advocate with Mr. Nehal Joshi, learned Advocate for the respondent.

(2.) BY way of this petition under Article 227 of the Constitution of India, the petitioner ?" original plaintiffs have prayed for an appropriate writ, direction and/or order quashing and setting aside the impugned order dated 28. 02. 2006 passed by the learned 6th Additional Senior Civil Judge and J. M. F. C. , Ahmedabad (Rural) below Exh. 18 in Regular Civil Suit No. 176 of 1999 by which the learned trial Court has dismissed the said application submitted by the petitioner ?" original plaintiffs submitted under Order VI Rule 17 of the Code of Civil Procedure. In the suit of 1999, the petitioner ?" original plaintiffs submitted application Exh. 18 under Order VI Rule 17 of the C. P. C. directing them to amend the plaint by adding para ?" (5-a) after Para -5 and para (6-aa) after para-6 praying for additional relief. Said application came to be dismissed by the learned trial Court only on the ground that same is barred by Order II Rule 2 of the C. P. C. Being aggrieved and dissatisfied with the same, the petitioner ?" plaintiffs have preferred present Special Civil Application under Article 227 of the Constitution of India.

(3.) MR. JIGAR Patel, learned Advocate appearing on behalf of the petitioner ?" original plaintiffs has heavily relied upon the decision of this Court in the case of Sheth Chimanlal Ambalal v/s. Shah Hasmukhlal @ Hasubhai Keshavlal and Anr. reported in XVII (1976) G. L. R. 40 in support of his submission that there shall not be any bar of Order II Rule 2 when the amendment application is submitted in the same suit and same can be applicable when subsequent and another suit is filed.