DAYA KAUR AND OTHERS Vs. KARAN SINGH

JUDGEMENT

(1.) The present revision petition has been filed for setting aside the order dated 15.2.2013 passed by Civil Judge (Junior Division), Sonepat vide which the application of the petitioners under order 6 rule 17 CPC has been dismissed. The petitioners filed a suit for permanent injunction restraining the defendant from demolishing the house in dispute. During the pendency of suit, an application was moved for amendment of the pleading which was dismissed by the trial Court vide order dated 15.2.2013 which is subject matter of challenge in the present petition.

(2.) Learned counsel for the petitioners submits that the application has been dismissed on the ground that the trial has commenced, whereas, amendment can be allowed at any stage of the proceeding. The nature of suit is not going to be changed and no prejudice is going to be caused to the other party with such amendment if allowed.

(3.) Heard the arguments of learned counsel for the petitioners and have also perused the impugned order and other documents on the file.