K. JOHN Vs. JOHN JOSEPH

JUDGEMENT

(1.) This original petition has been filed by the plaintiffs in O.S.No.34/2016 impugning Ext.P17 order issued by the Sub Court, Pathanamthitta in I.A.No.342/2018, which was filed by them seeking certain amendments to be allowed to the plaint.

(2.) According to the petitioners, the Suit had been earlier amended through I.A.No.3490/2015 and that the present amendments are only a consequence of the same, along with certain axiomatic reliefs edificed on the pleadings of the defendants, particularly with respect to their rights claimed over the plaint schedule properties including its extent.

(3.) The petitioners allege that, however, the Court below, without considering any of the amendments on its merits, dismissed the application merely holding that under Order VI, Rule 17 of the Code of Civil Procedure (CPC for short), no amendments can be allowed after the trial has commenced. The petitioners assert that trial of the Suit is scheduled to commence only on 21.01.2020; and therefore, that the order impugned is untenable and without legs to stand on.