HARINARAYAN Vs. KUSUM GUPTA

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS petition under Article 227 of the Constitution of India is directed against order dated 01.10.2014 passed by third Additional District Judge, Chhindwara in an Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') : Miscellaneous Civil Appeal No.15/2014; whereby, the Appellate Court while dismissing the Appeal preferred by the petitioners/plaintiffs has affirmed the order dated 19.08.2014 by Second Civil Judge Class -I, Chhindwara in Civil Suit No.5 -A/2014 rejecting the application filed by the petitioner under Order 39 Rule 1 & 2 of the Code.

(3.) LEARNED counsel appearing for respondents has no objection if the application is treated to be allowed and the petition is heard on the basis of the pleadings and also on the basis of pleadings in the amendment application.