VISHWA NATH Vs. ONKAR CHAND

JUDGEMENT

(1.) The petitioners-defendants have filed the present petition under Article 227 of the Constitution of India is for quashing of the order dtd. 9/8/2022 (Annexure P-1) passed by the learned Civil Judge (Junior Division), Mukerian, vide which an application filed under Order 6 Rule 17 of CPC by the respondents-plaintiffs, was allowed.

(2.) Learned counsel appearing for the petitioners submits that the trial Court while passing the impugned order had exceeded its jurisdiction by going beyond the statutory provisions of Order 6 Rule 17 CPC. She contends that the application under Order 6 Rule 17 of CPC was moved by the respondents at a highly belated stage, i.e., after the commencement of the trial, when the respondents' evidence was underway.

(3.) Learned counsel further submits that in view of the proviso to Order 6 Rule 17 of CPC, it was imperative upon the respondents to show that they were unable to incorporate the facts sought by way of the amendment in the plaint initially, despite exercise of due diligence. She still further submits that the respondents were in possession of the revenue records, therefore, it could not be digested that they would have been unaware about the Khewat and Khasra numbers at the time of the institution of the suit in question.