LEGAL REPRESENTATIVES OF OMPRAKASH Vs. HARI SINGH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-plaintiffs challenging the order dtd. 19/12/2018 passed by the learned trial Court, whereby the application under Order 6 Rule 17 CPC filed by the petitioner-plaintiffs for amendment in the plaint was dismissed.

(2.) Brief facts of the case are that the petitioner-plaintiffs filed a suit for permanent injunction against the respondent-defendants before learned trial Court. Respondent-defendants filed their written statement and evidence of both the parties were completed. Thereafter, during the pendency of the proceedings before learned trial Court, petitioner-plaintiffs filed an application for amendment in the plaint under Order 6 Rule 17 CPC. The said application was dismissed by learned trial Court vide order dtd. 19/12/2018. Hence, the present writ petition has been filed by the petitioner-plaintiffs.

(3.) Counsel for the petitioner-plaintiffs submitted that in the reply defendants-respondents pleaded that the Gram Panchayat has issued a Patta in their favour and they have not encroached over the plot of the petitioner-plaintiffs. Counsel further submits that after coming to know the fact of Patta issued by the Gram Panchayat, the petitioner-plaintiffs moved an application for amendment in the plaint to stop multiplicity of the litigation.