KAPILDEO BARAI Vs. RAM KYAS BARAI

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel appearing for the respondent no.1.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioners for quashing the order dated 21.01.2019 passed by the learned Sub-Judge-IX, Gopalganj in Title Suit No. 136 of 1996 by which the petition dated 11.12.2018 filed under Order VI, Rule 17 of the Code of Civil Procedure (for short 'CPC') for amendments in the plaint has been rejected.

(3.) Learned counsel for the petitioners submitted that the court below has erroneously rejected the application filed by the petitioners merely on the ground of delayed filing. The proposed amendments are necessary for adjudication of the matter and to consider the real issue in question. He pleaded that by not allowing the amendments sought to be introduced, the court below has completely failed to appreciate the facts and law involved in the case.