RANJIT MADHESIA Vs. KAMESHWAR PRASAD SHARMA

JUDGEMENT

(1.) PETITIONERS , by way of filing the present writ petition, under Article 227 of the Constitution of India, have prayed for issuance of an appropriate writ/ order/ direction for quashing and setting aside the order dated 10.8.2010 passed by the learned Additional District & Sessions Judge, FTC -VI, Dhanbad in Title Appeal No. 188 of 2004, whereby petitions filed on behalf of the plaintiffs/ respondents have been allowed with cost of Rs.2,000/ -. The prayer to grant leave to accept additional documents filed as per separate list was also allowed on cost of Rs.500/ - and the petitioners/ defendants have been provided an opportunity to apply for relevant counter amendment of their pleading and to file additional relevant documents, if they so advised.

(2.) HEARD the learned counsel for the petitioners as well as learned counsel for the respondents and perused the impugned order as well as the material placed on record.

(3.) ARGUMENT advanced by the learned senior counsel for the petitioners/ defendants is that the amendment application was filed at a belated stage and the entire foundation/ basis of filing of the suit is likely to be changed and it is likely to cause harm or prejudice to the petitioners - defendants..