UMMEDI BAI Vs. KANHAIYALAL

JUDGEMENT

(1.) BY this wit petition under Article 227 of the Constitution of India, the petitioners are praying for setting aside the order dated 29 -07 -2010 (Annexure P -1) passed by Second Civil Judge, Class, II, Ganj Basoda, District Vidisha, whereby learned trial Court rejected the application for amendment filed by the plaintiffs under Order VI Rule 17 of CPC.

(2.) BRIEF facts of the case are that the plaintiffs filed a suit for declaration of title and permanent injunction restraining the respondents - defendants from interfering with their possession over the suit property. They filed Khasra entries and other revenue documents to prove their possession.

(3.) LEARNED trial Court after appreciating the oral and documentary evidence, dismissed the suit in 2007. The first appeal filed by the plaintiffs against the dismissal of suit, has been remanded on certain issues by order dated 17 -03 -2010 (Annexure P -6). After remand, an application for amendment was filed by the plaintiffs on 06 -04 -2010 (Annexure P -7) before the Trial Court on the ground that after passing the order dated 17th March, 2010 they have been dispossessed by the defendants and in view of the subsequent event, they want to bring on record the aforesaid fact by way of amendment. The plaintiffs filed an amendment application stating that they were in possession of suit property, however, after passing of the remand order by the first appellate court, they have been dispossessed by the defendants forcibly. Learned trial Court rejected the application on the ground that by the proposed amendment plaintiffs want to change the nature of the suit.