- (1.) The present writ petition has been filed by the petitioners, challenging the order dated 20/2/2014 passed by the Additional District and Sessions Judge, Sambharlake Camp, Dudu, District Jaipur (hereinafter referred to as 'the Trial Court'), in Civil Suit No.6/86, whereby the Trial Court has dismissed the application of the petitioners seeking amendment in the plaint under Order VI, Rule 17 of CPC.
(2.) It is sought to be submitted by the learned counsel for the petitioners that the amendment was proposed in view of the order dated 30/04/2013 passed by the High Court in S.B. Criminal Misc. Petition No.974/2002, by which the possession of the suit property was directed to be handed over to the Receiver, and that for the purpose of passing effective decree in the suit, the said amendment was proposed. According to him, the Receiver is already a party defendant No.9 in the suit, and the plaintiffs had already prayed for seeking possession from the said Receiver, as he was in possession of the suit property at the time of filing of the suit, however, the plaintiffs-petitioners amended the plaint as during the pendency of the suit, the possession of the property was handed over to the other defendants. According to him, now since in view of the order passed by the High Court, the said defendant-Receiver No.9 is in possession, the amendment was sought for.
(3.) However, the learned counsel Mr. Tarun Kumar Mishra for the respondent Nos.5 to 8 and 10 & 11 appearing by way of caveat, has submitted that the suit is at the stage of final hearing, and the petitioners-plaintiffs are interested in prolonging the said proceedings. He also submitted that the Trial Court having rightly dismissed the application for amendment, this Court should not interfere with the same.;