MOHAN LAL Vs. SUBHASH CHANDER

JUDGEMENT

(1.) The present revision petition has been filed for setting aside order dtd. 21/12/2017 passed by the trial Court by which, the application of the petitioners/plaintiffs under Order 6 Rule 17 of the CPC for amendment of the plaint has been rejected by the trial Court.

(2.) Learned counsel for the petitioners/plaintiffs argues that the suit has been filed seeking declaration that petitioners/plaintiffs are in possession of the land comprising of the area mentioned in the prayer clause of the suit and to prove the same certain mutations effected are being relied upon. Learned counsel for the petitioners/plaintiffs submits that the suit is at preliminary stage as even the evidence is yet to be recorded and by way of an amendment, the petitioners/plaintiffs want to bring on record the factum of mutation No.568 entered on 5/1/1983 so as to support the claim as raised in the said suit and though, the said prayer has already been accepted by some of the defendants by raising no objection but defendants No. 6 to 8 and 10 to 12 are objecting to the said plea of the petitioners/plaintiffs.

(3.) The trial Court after considering the facts, declined the prayer of the petitioners/plaintiffs for amendment of the plaint vide order dtd. 21/12/2017 on the ground that the petitioners/plaintiffs could have been diligent at the time of filing of the civil suit and as petitioner/plaintiff has already appeared as PW-1, though, is yet to be cross-examined hence, at the belated stage, the suit cannot be allowed to be amended. The said order of the trial Court is under challenge in the present civil revision petition. I have heard learned counsel for the parties and have gone through the record with their able assistance.