RAJENDRA SINGH Vs. SHANTI RAGHUVANSHI

JUDGEMENT

(1.) THE petitioners / plaintiffs filed a suit for declaration and permanent injunction in the year 2001. The said suit was decreed on 06th February, 2003 in favour of the plaintiffs. The respondents / defendants filed F.A. No. 96/2003 before this Court. This Court, by order dated 18.06.2013 set aside the judgment and decree aforesaid and directed the trial court to rehear the suit in accordance with law. In turn, the Court below started hearing the suit afresh. An application under Order 6 Rule 17 C.P.C (Annexure P/5) is filed by the petitioners on 09.04.2014. Respondents filed their reply and prayed for rejection of this application. The Court below heard the parties on the said application and decide it by the impugned order 11.04.2014. This order is called in question in this petition under Article 227 of the Constitution.

(2.) SHRI Sanjay Sharma, learned counsel for the petitioners, submits that amendment proposed is necessary for lawful adjudication of the matter. Amendment will not change the nature of the case but will only strengthen the pleadings and therefore, it should have been allowed.

(3.) I have heard learned counsel for the parties and perused the record.