- (1.) The present petition is filed against the order dated 30.4.2012 passed in Title Suit No. 19 of 2004 by the learned Civil-Judge, Senior Division No.2 Jamtara whereby the application filed by the petitioners/ plaintiffs under order VI Rule 17 read with Section 151 CPC has been rejected by the court below.
(2.) Heard the learned counsel appearing for the petitioners. Perused the impugned order.
(3.) The learned counsel for the petitioner submitted that the proposed amendment is formal in nature and it shall not change the nature and character of the suit and the relief claimed will also remain unchanged. It is further submitted that the court below rejected the application on the ground that the same has been filed at a belated stage. According to the learned counsel for the petitioner, the order passed by the learned court below is contrary to the settled principles of law, illegal and unsustainable in eye of law. The learned counsel appearing for the petitioners in support of his contention has referred to and relied upon the decision SAJJAN KUMAR v. RAM KISHAN, 2005 13 SCC 89.;