ARTI DEVI Vs. PARDEEP KUMAR

JUDGEMENT

(1.) Petitioners have challenged the order dated 14.12.2016 passed by the Additional Civil Judge (Sr. Divn.) Yamuna Nagar at Jagadhri whereby application filed by respondent Nos. 1 to 14 (plaintiffs) for amendment of the plaint was allowed.

(2.) Notice of motion was issued by this Court on 16.01.2017. On appearance, learned counsel for respondent Nos. 1 to 14 filed CM No. 4444-CII of 2017 for the vacation of stay order on the premise that the trial Court has allowed the amendment subject to payment of cost of Rs. 500/-.

(3.) Learned counsel for respondent Nos. 1 to 14 submitted that the cost was duly paid to the defendants which is apparent. The interlocutory order dated 14.12.2016 passed by the Additional Civil Judge (Sr. Divn.) Yamuna Nagar at Jagadhri has the endorsement of receipt regarding the cost by the counsel namely Jatin Narwal, P-3056/2015. The factum of payment of cost was further noticed by the Chief Judicial Magistrate, Yamuna Nagar at Jagadhri in order dated 04.01.2017.