JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties.

2. By this writ petition, the petitioner (original plaintiff) has challenged the order dated 01.02.2020 passed by learned 17th Joint Civil Judge Senior Division, Nagpur whereby an application for amendment of plaint (Exh. 140) under Order 6 Rule 17 of the Civil Procedure Code, 1908 (for short “the Code”) has been rejected.

3. The plaintiff has filed the suit for declaration, specific performance of contract and possession, permanent injunction and for cancellation of sale deed dated 31.01.2007 executed and registered in favour of defendant No.2 to 11 by defendant No.1. It may be noted here that the suit land which is subject matter of the agreement and in respect of which specific performance of contract is sought is survey No.176, Mouza Sitabaldi having area 0.55 HR (1.33 Acres).

4. According to petitioner/plaintiff, defendant Nos.12 and 13 filed their written statement on 19.11.2012 without any documents. They filed documents only on 28.11.2017, the details of which are given in application (Exh.-140). One of the document is certified copy of schedule-1. It is further the