JUDGMENT

1. The petitioner being aggrieved by the order dtd. 28/10/2021, passed in O.S.No.304/2016 by the Additional Senior Civil Judge and CJM, Tumakuru, has filed this writ petition.

2. Brief facts leading rise to filing of this petition are as under:

The petitioner has filed a suit in O.S.No. 304/2016 for the relief of specific performance of contract. In the said suit, respondents appeared and filed written statement. When the case was posted for further evidence of petitioner, the petitioner has filed an application for amendment of plaint. In support of the said application, petitioner has filed an affidavit stating that during the pendency of the instant suit, respondents colluded with each other and filed a suit in O.S.No.306/2019 before the Senior Civil Judge, Tumakuru, without making the petitioner as a party. In the said suit, the respondents entered into a compromise by suppressing the execution of registered sale agreement in favour of the petitioner. On coming to know about the compromise decree passed in O.S.NO.306/2019, the petitioner has filed the application seeking to amend the plaint.

The said application was opposed by the respondents stating that the applicatio