BRUNDABAN SAHU Vs. PABITRA KUMAR SAHU

JUDGEMENT

(1.) Plaintiffs have filed this revision against the order of the trial Court refusing their petition under Order 6, Rule 17, Code of Civil Procedure (in short, the "C.P.C.") for amendment.

(2.) The suit was primarily one for partition along with certain other reliefs. Paragraph-4 (a) of the prayer portion of the plaint reads as follows:

(3.) The trial Court rejected the prayer for amendment mainly on the ground that the petition for amendment had been filed at a belated stage when the case had been posted for argument and if such a prayer would be allowed, the defendant would be left with no choice but to file separate suit for specific performance or file a counter claim and as such the litigation is likely to drag on for longer period. The trial Court also observed that the claim for specific performance by the defendant would be time-barred and as such defendant would be highly prejudiced if the proposed amendment seeking for withdrawing the alternative prayer would be allowed.