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Judgment
3 paragraphs · 209 wordsJ.V. Gupta, J.—This petition is directed against the order of the trial court dated 11th of September, 1987 whereby the application seeking amendment of the plaint was declined.
The Plaintiff filed the suit for permanent injunction for restraining the Defendants from interefring in their possession on the Bara in dispute The suit was filed on 14th of January, 1987. Before the replication could be filed on behalf of the Plaintiffs to the written statement, amendment of the plaint was sought which has been declined by the learned trial court, inter alia, on the ground that the addition of a party even if it be necessary party cannot be made by resort to Order 6 Rule 17 of the Code of Civil Procedure. This approach was wholly erroneous Moreover, amendment sought by the Plaintiff in the plaint are necessary for determining the real controversy between the parties. The suit is at its initial stage as observed earlier. In these circumstances this petition succeeds, the impugned order is set aside and the application for amendment of the plaint is allowed on payment of Rs 100/- as costs
The parties have been directed to appear in the trial Court on 10th of December, 1987 if no date is fixed earlier.