BATTA PROVISIONS STORE Vs. DARBARI LAL DIED

JUDGEMENT

(1.) This order shall dispose of the above referred two revision petitions as the subject matter and proposed amendments in both the petitions are the same.

(2.) The instant revision petitions have been filed under Article 227 of the Constitution of India to impugn the order dtd. 18/2/2022 passed by the learned Civil Judge (Jr. Divn.), Amloh in Civil Suit No.437/5/9/2016 titled as 'M/s Gopal Cycle Store Vs. Darbari Lal died through LRs and others' and Civil Suit No.439/5/9/2016 tilted as 'M/s Batta Provision Store and others Vs. Darbari Lal died through LRs and others' vide which an application filed under Order 6 Rule 17 CPC by the petitioner-plaintiff for amending the plaint was dismissed.

(3.) Learned counsel for the petitioners inter alia contends that while dismissing the application under Order 6 Rule 17 dtd. 14/2/2020 (Annexure P-4), the trial Court failed to appreciate that the proposed amendment was necessary for the effective adjudication of the real controversy between the parties. Learned counsel submits that it was on account of an accidental slip, the following averments were inadvertently made in the plaint:-