JUHA BALA DEVI Vs. BABUCHAND MAHTO

JUDGEMENT

(1.) Petitioners by way of present petition under Article 227 of the Constitution of India have prayed for issuance of an appropriate writ/order for quashing and setting aside an order dated 14.9.2012, passed by learned Principal District Judge, Bokaro in Title Appeal No. 11 of 2010 (Annexure-5), whereby the application for amendment in the plaint made on behalf of the petitioners has been rejected. Heard the learned counsel for the petitioners as well as respondent. Perused the interim order as well as other materials placed on record.

(2.) It appears that the Title Suit No. 30 of 2001 was decided by judgment and order dated 30.10.2010. Being aggrieved and dissatisfied with the said judgment) the petitioners preferred Title Appeal No. 11 of 2010 and, in the said title suit an amendment was sought for by the petitioners under Order VI, Rule 17 of the Code of Civil Procedure read with Section 151 of the C.P.C.

(3.) Learned court below has recorded the submissions made by the learned counsel for the parties at length, and thereby, rejected the said application by assigning reason that the said application was filed at a belated stage and, it seeks interim development after the institution of case, which may alter the nature and character of the suit.