LAWS(PAT)-2016-2-99

RAJ KUMARI DEVI Vs. SANJAY KUMAR SINGH

Decided On February 08, 2016
RAJ KUMARI DEVI Appellant
V/S
SANJAY KUMAR SINGH Respondents

JUDGEMENT

(1.) Heard learned counsel Mr. Manoj Kumar Jha for the petitioners.

(2.) This application under Art. 227 of the Constitution of India has been filed by the petitioners for setting aside the order dated 16.07.2015, whereby the Court below has allowed the amendment application filed by the plaintiffs-respondents.

(3.) The learned counsel for the defendants-petitioners submitted that the case of both the parties were closed and even arguments have already been completed and at the stage of judgement, this amendment application was filed by the plaintiffs-respondents for amendment in the schedule of plaint and sought to add more properties movable and immovable as described in detail in the amendment application. The Court below without considering the proviso to Order 6, Rule 17 C.P.C. allowed the amendment application on payment of cost of Rs. 5,000.00 .