1. This petition under Article 227 of the Constitution of India is preferred by the original defendant of Special Civil Suit No.105 of 1997 passed on 19.1.2009. The respondent herein is the original plaintiff company which filed the suit against the present petitioners for recovery of sum of around Rs.10 crores.

2. An application was moved by the petitioner company for amendment of the plaint. The Court allowed the said application for amendment under Order 6 Rule 17 of the Code of Civil Procedure and, therefore, the respondent has preferred this application under Article 227 of the Constitution of India challenging the alleged ex facie illegal order. Not only the challenge has been made on merit but also on the ground that the contentions raised by the petitioner defendant were not refuted by way of rejoinder-affidavit and no arguments were offered by the respondent plaintiff at any point of time and yet without hearing the advocate for the respondent, only on hearing the petitioner's advocate, application has been allowed.

3. Learned Senior advocate for the petitioner Mr. M.C.Bhatt has urged that management of the respondent company has been changed thrice and after a gross