JAIRAJ LADHARAM TEHELRAMANI Vs. MUNICIPAL COUNCIL BHADRAWATI

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. The petition is heard finally at the stage of admission as the notice for final hearing was issued to the respondents by an order dated 11/01/2011 and the respondents are duly served with the notice.

(2.) BY this petition, the petitioners impugn the order passed by the trial Court on 02/12/2010 rejecting an application filed by the petitioners for an amendment of the plaint. The petitioners are the original plaintiffs. The plaintiffs had filed the suit for declaration and permanent injunction. According to the plaintiffs, they are the owners of the suit property bearing No.803. During the pendency of the proceedings, at the time of settlement of issues, the plaintiffs filed an amendment application for amending the plaint. The plaintiffs merely desired to substitute the number of the property from 803 to 803/1, wherever the said figure appeared in the plaint. Though the amendment sought by the plaintiffs was extremely formal in nature, the trial Court rejected the application filed by the petitioners.

(3.) IN the result, the writ petition is allowed. The impugned order passed by the trial Court on 02/12/2010 is quashed and set aside. The application filed by the petitioners at Exh. 92 for amendment of the plaint is allowed. Rule is made absolute in the aforesaid terms with no order as to costs.