BASANTI BAI Vs. CHAMNALALA JAIN

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) This miscellaneous petition under Article 227 of the Constitution of India has been filed by the petitioners/defendants against the order dtd. 24/2/2024 (Annnexure P/1), passed by the Second Civil Judge, Junior Division Depalpur District Indore in RCSA5A/2018 (Civil Suit No.37-A/2015); whereby, an application filed by the respondent/plaintiff under Order 6 Rule 17 of the Civil Procedure Code, 1908 (hereinafter to be referred to as 'CPC') for amendment in the plaint, has been allowed.

(3.) In brief, the facts of the case are that initially on 25/8/2015, the respondent filed a civil Suit RCS No.37-A/2015 against the petitioner no.1 before the Second Civil Judge, Class II, Depalpur seeking relief for deletion of the name of petitioner no.1 with regard to House No.187, Tilak Marg, Street No.1 Depalpur. In the aforesaid suit, the petitioner no.1 also submitted his written statement along with counter claim and an application under Order 7 Rule 11 of the CPC was also filed for rejection of the suit which was decided on 8/9/2016, and the suit was rejected. Thereafter the aforesaid suit continued with respect to the counter claim filed by the petitioners, however, yet another civil suit which was filed by the respondent against the petitioners, which was registered initially as COS.No.5-A/2018 on 21/12/2017 and subsequently, renumbered as RCSA No.5A/2018. In the aforesaid suit a written statement was again filed by the petitioners, and subsequently both the suits namely RCSA.No.35-A/2015 and RCSA.No.5A/2018 were consolidated by the trial Court in the year 2019. It is only recently, i.e., on 23/2/2024, that the respondent/plaintiff filed an application under Order 6 Rule 17 of CPC seeking amendment in the relief clause. The aforesaid application was allowed by the trial Court vide impugned order dtd. 24/2/2024, and being aggrieved by the aforesaid, the present petition has been filed.