SHYAM BABU Vs. PURUSHOTTAM SINGH

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution, is directed against the order dated 17th August, 2010 (Annexure P -1) whereby the application preferred by petitioners -plaintiffs under Order 6 Rule 17 CPC is rejected by the court below.

(2.) IN a suit for declaration and permanent injunction filed in the year 2006, the application for amendment (Annexure P -5) was filed on 07 -04 -2010. Respondents No. 2 & 3 -defendants filed their reply (Annexure P -6) and contended that the amendment was time -barred. The amendment will change basic nature of the case. The evidence of both the parties is over and the Court below has even heard the arguments of the parties and matter was reserved for orders. At this stage, the amendment is not permissible.

(3.) SHRI A.K. Saxena, learned counsel for respondents No. 2 and 3 supported the impugned order and submits that there is no error on which interference can be made.