SOHAN LAL JHANJI Vs. REKHA JHANJI BRAR

JUDGEMENT

(1.) Instant civil revision has been filed under Articles 226/227 of the Constitution of India for setting aside the order dated 03.05.2010 passed by learned Civil Judge (Jr. Divn.) Jagraon whereby suit filed by the petitioners-plaintiffs has been dismissed due to non-filing of amended plaint despite availing eight effective opportunities spreading over a period of six months. I have heard learned counsel for the parties and perused the record.

(2.) Learned counsel for the petitioners contends that delay in filing the amended plaint was not intentional, rather due to peculiar circumstances beyond their control, as the Court at Jagraon remained closed for paying homage to judicial officer Sh. P.K. Goel and his wife, who were murdered on 03.05.1992. Be that as it may, the fact remains that the application for amendment of plaint was allowed by the trial Court vide order dated 21.10.2009 and subsequently vide order dated 18.03.2010 passed by this Court, the order dated 21.10.2009 was modified and amendment was allowed to a limited extent.

(3.) On the other hand, learned senior counsel for respondent No. 1 contends that one of the petitioners is an advocate and he was required to be more vigilant in placing on record the amended plaint. The petitioners are not rustic villagers and they were aware of the consequences.