SHRI VISHWAKARMA BHAGWAN Vs. LAXMINARAYAN

JUDGEMENT

(1.) Heard on admission.

(2.) The present petition has been preferred by the petitioners, challenging the order dated 17-04-2012 (Annexure P/1) whereby the application preferred by the petitioners under Order VI Rule 17 of Civil Procedure Code for amendment in the plaint has been rejected.

(3.) Learned counsel for the petitioners/plaintiffs submits that suit for permanent injunction and declaration was filed by the petitioners in the month of November, 2011 and in the month of April, 2012, before commencement of trial, amendment application was filed by the petitioners, therefore, the said application should have been allowed by the trial Court as the plaintiffs had every right to amend the plaint prior to commencement of trial. It is further submitted that since amendment application was moved before commencement of trial Court therefore, it cannot be termed to be for filling up of lacuna and change of nature of suit.