MOKHTAR AHMAD Vs. AURANGJEB KHAN

JUDGEMENT

(1.) Heard the learned Senior Counsel Mr. Manan Kumar Mishra appearing on behalf of the petitioners and the Learned Counsel Mr. Sanjay Kumar Pandey No. 5 o n behalf of the respondents. This application under Article 227 of the Constitution of India has been filed by the plaintiffs petitioners against the order dated 27.7.2006 passed by Sub-Judge-VI, Gopalganj in Title Suit No. 276 of 2000, whereby the learned court below rejected the amendment sought for by the plaintiffs.

(2.) The plaintiffs petitioners filed aforesaid title suit praying for declaration that the sale deed executed by defendant No. 1 in favour of defendant No. 2 is null and void and for declaration of petitioners' title and recovery of possession. During the pendency of this suit the amendment application was filed praying for addition of a prayer that in case, sale deed is found to be valid then on payment of consideration by the plaintiffs the defendants may be directed to sell the property to the plaintiffs.

(3.) The Learned Counsel for the petitioners submitted that Order 6 Rule 17 gives unfettered power to the Court to allow any party to amend their pleadings in such manner and in such terms as may be just and such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties but the learned court below has wrongly rejected the application on the ground that if the amendment is allowed then the nature of the suit will change.