BAKSHI ANWAR AFTAB Vs. MOHD YOUSUF MOHD MAQBOOL (M/S)

JUDGEMENT

(1.) BY way of this CMP, the petitioners -plaintiffs seek to make a table amendment in the plaint by adding two more defendants namely, Nabla Begum and Amina Begum and, also to file replication to the written statement filed by the defendants/respondents. After the objections were filed to the application, the petitioners were allowed to file a supplementary affidavit in respect of the prayer regarding addition of the parties.

(2.) THE Defendants have opposed the application on the ground that the petitioners cannot make two prayers in a single application because, non - adding of the parties sought to be arrayed as defendants cannot be allowed at this stage, but non -joinder of the necessary parties will amount to dismissal of the suit as a right has accrued to the defendants in this regard to seek the dismissal of the suit on framing of the issuing, The written statement has been filed long back and such amendment cannot be allowed at this stage. Further the replication in the case at this stags, sought by the petitioners is not warranted, therefore, the application deserves to be dismissed for further ground also that the parties sought to be added at this stage cannot be bound under the undertaking by the defendants ordered by the Supreme Court.

(3.) I have heard learned counsel for the parties. In the original CMP, no doubt, the petitioners have failed to indicate reason for adding the party which they have now substituted by filing supplementary affidavit. Regarding filing of replication, no reason has been given in the CMP.