NARMADADEVI (DEAD) Vs. HANIF KHAN

JUDGEMENT

(1.) With consent, heard finally.

(2.) Present petition under Article 227 of the Constitution of India has been preferred by the petitioners against the order dated 28/11/2016 passed by the trial Court, whereby the application preferred by respondent/defendant under Order 6, Rule 17 CPC has been allowed.

(3.) It is the case of the petitioners that petitioners/plaintiffs have filed a suit for eviction and arrears of rent against the respondent in respect of suit property. Initially, respondent filed written statement denying the claim made by the plaintiffs. Later on, with the change of lawyer, an application under Order 6, Rule 17 CPC was preferred when the evidence of the plaintiffs was started and the said application has been allowed by the trial Court arbitrarily, therefore, petition has been preferred.