BIBI NASIRA KHATOON Vs. SHAKIL AHMED

JUDGEMENT

(1.) Heard learned counsel for the petitioners and perused the materials on record.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioners for setting aside the order dated 28.08.2018 passed by the learned Sub Judge-11, Gopalganj in Title Suit No.369 of 2011 by which the petition dated 18.05.2018 filed by the petitioners under Order 6 Rule 17 of the Code of Civil Procedure (for short 'CPC') has been rejected.

(3.) Learned counsel appearing for the petitioners submitted that the trial court has failed to consider that the proposed amendment is necessary to resolve the real controversy. It also failed to consider that the amendment sought for would not alter the cause of action or the nature of the suit. According to him, the trial court ought to have allowed the application filed by the petitioners under Order 6 Rule 17 of the CPC in the interest of justice.