KAILASH ANUPAM KHIMSIYA Vs. SHAMJI ENTERPRISES PARTNERSHIP FIRM

JUDGEMENT

(1.) By these petitions filed under Article 227 of the Constitution of India, the petitioners (original plaintiffs) have impugned the order dated 23rd February 2016 passed by the learned Judge of City Civil Court, Greater Mumbai dismissing the Chamber Summons No.856 of 2014 inter alia praying for amendment of the plaint under Order VI Rule 17 of the Code of the Civil Procedure, 1908.

(2.) The plaintiffs have filed two separate suits both dated 13th March 2009 inter alia praying for vacant possession of the suit shops against all the defendants and for permission to deposit certain amounts jointly with the defendant nos.2 to 9 on behalf of the defendant no.1 and for order of an injunction.

(3.) It was the case of the plaintiffs that there was an agreement entered into between the plaintiffs and the defendant no.1 in respect of the said suit shops. The defendant nos.2 to 9 resisted the said suit by filing written statement. One of the plea raised in the written statement that there was no substantive prayer in the suit filed by the plaintiffs. There was a simplicitor prayer for possession. The said written statement was filed by the defendant nos.2 to 9 on 22nd July 2010. The plaintiffs admittedly filed a chamber summons inter alia praying for amendment of the plaint in the month of February 2014. The said chamber summons is rejected by the learned trial Judge mainly on the ground that it would amount to change of cause of action and on the ground of delay.