LAWS(RAJ)-2019-3-32

LALIT RAMDHAN Vs. GANPATI VISWAS

Decided On March 05, 2019
Lalit Ramdhan Appellant
V/S
Ganpati Viswas Respondents

JUDGEMENT

(1.) Aggrieved of the order dated 7th February, 2019, wherein an application under Order 6 Rule 17 CPC, instituted by the petitioners/defendants has been declined; is the cause for institution of the instant writ petition.

(2.) Learned counsel for the petitioners insistently argued that the Court below fell in gross error of law in declining the application of the petitioners for, which is necessary and material for complete adjudication of the matter.

(3.) According to learned counsel, there would be no change in the nature of suit in case application for amendment under Order 6 Rule 17 CPC, was granted. It is further pointed out that the petitioners learnt about the sale agreement dated 16 th May, 1992, at the stage of the petitioner's/defendant's evidence during the course of cross examination.