BINITA RAI Vs. SHEELA RAI

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India preferred by the petitioners who were defendant nos. 1 and 2 in a suit filed by the respondent nos. 1 to 4 as plaintiffs seeking to challenge an Order dtd. 18/12/2021 passed by the learned Civil Judge, Namchi, South Sikkim (the learned Trial Court) on an application under Order VI Rule 17 read with sec. 151 of the Code of Civil Procedure, 1908 filed by the respondent nos. 1 to 4 i.e. the plaintiffs seeking to amend the plaint. The learned counsel for the parties have taken this Court through the application for amendment as well as the impugned Order dtd. 18/12/2021.

(2.) Order VI Rule 17 provides that:

(3.) A bare perusal of the provision indicates that to allow an amendment when the trial has commenced there is a twin requirement that firstly the amendment sought for ought to be necessary in determining the real questions in controversy and secondly in spite of due diligence the party applying could not have raised the matter before the commencement of the trial.