RABINDRA NATH MAHTO @ RABINDRA MAHATO Vs. MANORANJAN MAHATO

JUDGEMENT

(1.) IN this writ application the petitioners have prayed for quashing the order dated 7.6.2004 whereby the petitioners petition for amendment in the plaint filed under Order VI, Rule 17 of the CPC has been rejected. According to the plaintiffs -petitioners, the Court below failed to properly consider the facts and circumstances and also that the plaintiffs are the persons coming from the rural areas having no knowledge of law, could not earlier file the application for amendment. According to them they shall suffer irreparable loss and injury and that there will be multiplicity of legal proceedings, if the controversies between the parties are not completely decided. It was urged that the Court below has erroneously rejected the petition without assigning any cogent reason. According to the petitioners, though the petition for amendment has not been happily drafted, the reason for not filing the amendment petition earlier has been mentioned in the petition which could have been considered by the learned Court below. But the learned Court below without any proper consideration of the facts and circumstances, has taken a pedantic view and has erroneously rejected the petition.

(2.) MR . A.K. Sahani, learned counsel appearing on behalf of the respondent, on the other hand, urged that there is no infirmity or illegality in the order of the learned Court below and the order has been passed on the basis of the facts and materials before the Court. The petitioners have failed to make out the case that they were serious and diligent and due to any circumstance beyond their control they could not file the amendment application earlier. Learned counsel submitted that the proposed amendments are unnecessary and the same are not required to be brought on record for the adjudication of the controversies between the parties and as such the petitioners' petition for amendment has been rightly rejected.

(3.) HOWEVER , the belated steps by the plaintiff even for the said reason has caused harassment and inconvenience to the defendant -respondent, this petition as well as the amendment is allowed subject to payment of cost of Rs. 1,000/ - in the Court below to the defendant -respondent by the plaintiffs -petitioners within a period of three weeks from today.