Seema Rathore And Ors vs Vijay Kumar Rathore And Ors

Sanjay K. Agrawal, J

This writ petition under Article 227 of the Constitution of India is directed against the impugned order dated 06/03/2019 passed in Civil Suit No. 50-A/2015, whereby learned 14th Civil Judge Class-II, Raipur has rejected the application filed by the petitioners/plaintiffs under Order 6 Rule 17 of CPC seeking amendment in the plaint.

Learned counsel for the petitioners/plaintiffs submits that learned trial Court is absolutely unjustified in rejecting petitioners'/plaintiffs' application under Order 6 Rule 17 of CPC for amendment in the plaint.

I have heard learned counsel for the petitioners, considered his submissions and perused the records.

The amendment was sought to be incorporated in the plaint on the basis of the judgment passed by learned 2nd Additional District Judge on 19/09/2017 in civil suit No. 8A/09 (Smt. Urmila Rathore Vs. Smt. Jyoti Rathore & Ors.) in which the present plaintiff was one of the defendants.

Learned trial Court, while passing the impugned order, took the view that the proposed amendment sought by the petitioners/plaintiffs will change the nature of the suit. That matter has been decided on merits between the parties in civil suit No. 8A/09 and therefore, amendment in the plaint cannot be allowed. The view taken by learned trial Court is correct view of the matter. As such, I do not find any perversity or illegality in the impugned order.

This writ petition deserves to be and is accordingly dismissed. No cost(s).