JANTA ICE FACTORY Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The writ petition is heard finally with the consent of the learned counsel of the parties.

(2.) By the instant petition, the petitioner impugnes the order passed by the Civil Judge (Senior Judge), Pusad on 20.11.2006 rejecting the application filed by the plaintiffs/petitioners under the provisions of Order VI Rule 17 of the Code of Civil Procedure.

(3.) Few facts giving rise to this petition are stated thus----- The petitioners are the original plaintiffs. A suit was instituted by the plaintiffs for a declaration and permanent injunction against the defendant, Maharashtra State Electricity Board (now MSEDCL). The defendant, Maharashtra State Electricity Board (now MSEDCL) denied the claim of the plaintiff by filing a written statement on 23.02.2005. The respondent has also made a counter claim seeking to recover an amount of Rs.7,67,009/- from the petitioners. Due to the change in valuation, the suit was transferred to the Court of Civil Judge (Senior Division), Pusad and was renumbered as Special Civil Suit No.35/2005. In response to the counter claim filed by the respondent, the petitioners filed a written statement in regard to the counter claim made by the respondent and also made an application seeking permission to amend the plaint. By the proposed amendment, the petitioners wanted to raise a claim for damages to the tune of Rs.11,93,000/-. It was the case of the plaintiffs that the claim was based on the pleadings which were already existing in the plaint. The respondent filed a reply to the amendment application on 17.12.2005 and the prayer made in the amendment application was opposed by the respondent on the ground that the relief claimed by the proposed amendment was barred by limitation as also it will change the nature of the suit. The trial Court, after hearing the counsel on both the sides, passed the impugned order dated 20.11.2006 rejecting the application filed by the plaintiffs/petitioners. The order dated 20.11.2006 is impugned in the instant petition.