JUDGMENT :

1. Heard learned counsel for the parties. The present petitioners, are the original defendants, who are aggrieved by the orders dated 13-3-2019, by which two applications exhibit No. 70 and 77 permitting the plaintiffs to add properties to the disputes and third parties as defendants have been allowed, in Special Civil Suit No. 160 of 2012, seeking partition and separate possession. The issues were settled on 17-7-2013 and the affidavit in lieu of examination-in-chief was filed on 7-8-2014 and the matter was pending for the cross-examination when the applications for amendments were filed.

2. Mr. Sushant Choudhari, learned counsel for the petitioners/original defendants, submits, that since the affidavit in lieu of examination-chief was filed on 7-11-2014, the trial had commenced, in view of which the proviso to Order VI, Rule 17 of CPC, became applicable. He further submits, that the matter, stood posted for cross-examination of plaintiff No. 2, whose affidavit in lieu of examination-chief, was already filed on the date mentioned above, which position is clearly disclosed from para 1 of Exhibit-70/page 27, in view of which the amendments ought not to have been allowed.