GURDEEP KAUR Vs. VIMAL JEET KAUR

JUDGEMENT

(1.) Heard. The petitioners-defendants No.2 and 3 have filed this petition under Article 227 of the Constitution of India for issuing the writ in the nature of certiorari for quashment of the impugned order dated 4.4.2012 passed by 3rd Additional District Judge, Jabalpur in Civil Original Suit No.56- A/2011 whereby the application of respondents No. 1 and 2-plaintiffs filed under Order 6 rule 17 has been allowed.

(2.) The petitioners' counsel after taking me through the averments of the petition and the papers placed on record argued that whatever amendment was proposed by the respondents-plaintiffs and allowed by the trial Court was barred by limitation on the date of filing the amendment application and same could not be allowed. He further said that as pe. averments of the impugned order the alleged documents, on which the amendment is based were very well in the knowledge of the respondents- plaintiffs for years together before filing such application in spite that neither the same were pleaded nor such document was submitted before the trial Court at very belated stage with some mala fide intention the impugned application has been filed, which could not be allowed. In support of his argument he placed his reliance in the matter of Revajeetu Builders and others v. Narayanswamy and others, 2009 10 SCC 84, and prayed to allow this petition.

(3.) Having heard the counsel, keeping in view the arguments advanced by them after going through the papers placed on record, I am of the considered view that the impugned order does not require any interference at this stage.