BHAGWATI TIWARI Vs. MAKKHANLAL YADAV

JUDGEMENT

(1.) Heard.

(2.) This petition under Art. 227 of the Constitution is directed against the order dated 17.9.2010 passed by IV Civil Judge Class-I, Jabalpur, in Civil Suit No. 108-A/2009 ; whereby ; applications preferred by the petitioners under Order 6, Rule 17 and under Order 7, Rule 14 of the Code of Civil Procedure, 1908 (hererinafter referred to as ‘the CPC’ for short) have been rejected. By way of application under Order 6, Rule 17 of CPC, the petitioners, who are plaintiffs in the suit for eviction and arrears of rent, sought to bring on record certain fact which, as per the petitioners, has relevancy and is material for just and proper adjudication. Whereas by application under Order 7, Rule 14 of the Civil Procedure Code the petitioners sought leave to file documents in support of proposed amendment. The trial Court rejected the application the ground that it is not relevant.

(3.) After hearing the learned counsel for the parties we are of the considered opinion that, since the amendment as sought for was not changing the nature of the suit and was at a preliminary stage and before framing of issues, the trial Court was not justified in rejecting the same.