LABH SINGH Vs. BANT SINGH

JUDGEMENT

(1.) THIS petition has been directed against the order dated 17th December, 1997 passed by Additional Civil Judge, Senior Division, Guhla. By this order, the learned trial Court has dismissed the application filed by the plaintiffs-petitioners under Order 6 Rule 17 CPC for amendment of the plaint. Notice of this petition was issued to the respondents.

(2.) MR . Mittal, learned senior counsel, appearing on behalf of the petitioners submits that in the present case, the plaintiffs have challenged the decree passed on 18.11.1982 in Suit No. 627 of 1997. He further submits that the petitioners-plaintiffs sought two amendments, namely, that the earlier suit was not maintainable against the defendants as the petitioners being Bazigars belong to scheduled castes and the suit was not competent in view of the notification dated 23.2.1962. The learned counsel further submits that another amendment sought by the petitioner is to the effect that the petitioners Labh Singh and Kaka Singh who were minor at the time when the earlier suit was filed, were not defended properly by their guardians.

(3.) MR . Harbhagwan Singh, learned senior counsel appearing on behalf the respondents, however, submits that the suit was filed as far back as in the year 1989 and even according to the case of the petitioners, they were aware of the facts with regard to second amendment sought now in December, 1997. He also submits that as per impugned order, the plaintiffs had earlier also filed an application for amendment.