DURGA PRASAD AND 3 OTHERS Vs. VISHAMBHAR SHUKLA

JUDGEMENT

(1.) Heard learned counsel for the petitioners; Sri Satyendra Kumar Tripathi for the respondent and perused the record.

(2.) This is a defendants' petition against orders dated 04.02.2016 and 25.11.2016 passed by the Civil Judge (Junior Division), Naugarh, Siddharth Nagar in O.S. No.254 of 2010 and the order dated 09.02.2017 passed by the District Judge, Siddharth Nagar in Civil Revision No.60 of 2016 by which the order dated 25.11.2016 has been affirmed.

(3.) By order dated 04.02.2016, an amendment application filed by the plaintiff seeking relief of mandatory injunction in a suit of permanent injunction has been allowed upon consideration of the plea taken by the plaintiff that during the pendency of the suit, constructions were raised which required to be removed. Admittedly, at the time when the amendment application was filed the trial had not commenced and therefore the bar of the proviso to Order 6, Rule 17 CPC was not applicable and since the amendment was required to do complete justice and to decide real controversy in between the parties, the amendment application was allowed on costs of Rs.250/-. This Court does not find any good reason to interfere with the order allowing the amendment application.