RAMZANI Vs. TONI AGARWAL

JUDGEMENT

(1.) Heard Shri Divakar Rai Sharma, learned counsel for the defendant-petitioners and Shri G.K. Singh, learned Senior Advocate assisted by Shri Shekhar Gangal, learned counsel for the plaintiff-respondent no. 1.

(2.) This petition has been filed by the defendants of Original Suit No. 155 of 2009 for setting aside the order dtd. 6/3/2023 passed by the Additional District Judge, Court No. 1, Aligarh in Civil Appeal No. 2 of 2020 (Toni Agarwal Vs. Ramzani and others). Further relief sought is to direct the concerned court to allow the application Paper No. 29? under Order 6 Rule 17 read with Sec. 151 of C.P.C. for amending the written statement.

(3.) It stated that Original Suit No. 155 of 2009 was filed by the plaintiff-respondent seeking permanent prohibitory injunction against the defendant-petitioner as well as the defendant-respondent. It is stated that another suit bearing Original Suit No. 185 of 2009 was filed by the defendant-petitioners and the defendant-respondent against the plaintiff-respondents seeking cancellation of a sale deed. It is stated that both the aforesaid suits were clubbed together and adjudicated by the Civil Judge (Senior Division), Khair, Aligarh and decided by a common judgment and order dtd. 16/11/2019, whereafter a decree was made. It is stated that the suit of plaintiff-respondent being Original Suit No. 155 of 2009 was dismissed whereafter the plaintiff-respondent filed the aforesaid Civil Appeal No. 2 of 2020. During pendency of the appeal, the defendant-petitioners filed an application Paper No. 29? seeking amendment in the written statement. By the impugned order dtd. 6/3/2023, the appellate court has rejected the application for amendment.