SARBESWAR DAS AND ORS. Vs. BATAKISHORE DAS

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the opposite party.

(2.) PETITIONERS in this petition have challenged the order dated 16.10.2014 passed by learned Civil Judge (Sr. Divn.), Puri in C.S. No. 415 of 2013 rejecting an application filed under Order, 6 Rule, 17 of the Code of Civil Procedure for amendment of the plaint.

(3.) BY way of proposed amendment the plaintiffs intended to incorporate the earlier T.S. No. 291 of 1993 filed by the present defendant which was decreed ex parte and an application was filed in December, 2013 under Order 9, Rule, 13 of the C.P.C. to set aside the ex parte judgment and decree after filing of the present suit. After receiving the written statement from the defendant the plaintiffs came to know about all those things and taken steps for which the further clarification/elucidation of facts is necessary. Accordingly the application was filed. Defendant has filed his objection stating that these facts he has already disclosed in the written statement as such the proposed amendment is not necessary. The Court below rejected the application of the petitioners considering the plea taken by the defendant.