P.C.:-

1. Heard the learned Counsel appearing on behalf of the Petitioner and the learned Counsel appearing on behalf of the Respondents.

2. Petitioner herein is aggrieved by the order passed by the trial court dated 13/01/2011 on an application filed by the Respondents/Plaintiffs for amendment of the plaint. By the said order, the trial court was pleased to allow the said application for amendment and permitted the Plaintiffs to amend the pleadings in terms of 5(b), 6(a), 9(a) and 10(a) of the Schedule.

3. Petitioner herein is the original Defendant and the Respondents are original Plaintiffs. For the sake of convenience parties shall be referred to as “Plaintiffs” and “Defendant”.

4. Plaintiffs had filed a suit seeking possession of the suit premises and for payment of mesne profits under section 41 of the Presidency Small Causes Courts Act. Defendant filed their Written Statement. Issues were framed and court passed an order directing the Plaintiffs to file their affidavit in lieu of evidence. However, before the affidavit in lieu of evidence was filed, Plaintiffs preferred an application for amendment. In the said application, it was contended that the Plaintiffs ma