ABDUL HAFIZ S/O LATE NAZIR MIAN R/O MOHALLA Vs. BABU VISHAL MAHTO S/O LATE SHYAM NARAYAN MAHTO R/O MOHALLA

JUDGEMENT

(1.) Annexure-1 is the order dated 7.10.2010 passed by the Court of Sub Judge II at Biharsharif in Title Suit No.28 of 1999. The court below has rejected an application filed on behalf of the plaintiffs-petitioners for an amendment which he was seeking under Order VI Rule 17 of the CPC.

(2.) Stand of the petitioners is that the order impugned is in teeth of various pronouncements made by the Honourable Supreme Court as enunciated in the case of Ragu Thilak D. John Vs. S. Rajappan & ors., reported in 2001 (1) Supreme 328 and in the case of Pankaja & Anr Vs. Yellappa (D) by Lrs. & ors., reported in 2004 (5) Supreme 772.

(3.) This position is seriously contested on behalf of the defendants who are in support of the order under challenge on many a grounds including the correctness of the reasonings given by the trial court for rejecting the application for amendment.