BINDESHWAR DAS Vs. SUNITA DEVI

JUDGEMENT

(1.) The petitioner is the defendant 1st party and the instant civil misc. petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 21/9/2024 passed in Original Suit No. 08/2010 (MCA No. 65 of 2024), whereby and whereunder, the following amendments have been allowed.

(2.) The opposite parties are the plaintiffs who filed the suit for specific performance of an agreement for sale dtd. 19/12/2008 in which the issues were framed in which the opposite parties entered into appearance and filed their written statement, issues were framed and the case was posted for defence evidence when the petition under Order VI Rule 17 of CPC was filed by the plaintiffs.

(3.) It is submitted by learned counsel for the petitioner that the trial had commenced and the amendment petition was filed at the belated stage and, therefore, it was barred under proviso to Order VI Rule 17 of CPC. It is also submitted that the defence evidence is on the verge of conclusion.