BAFATI KHAN Vs. JANNO & ORS.

JUDGEMENT

(1.) Since both the petitions involve common issue, hence were heard together and are being disposed of by this order.

(2.) Both the petitions have been filed assailing orders dt.11/02/2009 passed by Sub Divisional Officer accepting applications filed U/O 6 R.17, Code of Civil Procedure seeking amendment in the plaints - against which revision petitions preferred by the petitioners before the Board of Revenue were also dismissed vide orders dt.20/07/2010.

(3.) Respondent-1 (plaintiff) filed a revenue suit seeking declaration & permanent injunction before SDO Chaksu (Jaipur district) and after the written statement was filed by petitioner-defendants, but before the issues could be framed on the basis of pleadings on record, applications were filed by respondent- plaintiff U/O 6 R.17, Code of Civil Procedure seeking amendment in the plaints, which was seriously objected by petitioner on the premise that the amendment as sought for would change the nature of the suit and at such belated stage, such permission of seeking amendment would not be in the spirit of provisions contained in O.6 R.17, CPC, particularly after the amendment having been incorporated in the CPC.