B.P. Katakey, J.

1. The Petitioners/Plaintiffs in Title Suit No. 294/2006 by the present petition has challenged the order dated 16.6.2008 passed by the learned Munsiff No. 2, Kamrup at Guwahati rejecting the application filed by them under 2002, Code of Civil Procedure praying for amendment of the pleadings in the plaint on the ground that they could not demonstrate that in spite of due diligence such application seeking amendment of the pleadings could not be filed before commencement of the trial, as required under proviso to Rule 17 of Order VI, Code of Civil Procedure.

2. The Petitioners/Plaintiffs instituted Title Suit No. 347/2003 (subsequently renumbered as Title Suit No. 294/2006 on being transferred) against the present Respondents praying for a decree declaring that the contract entered into between the Plaintiffs and Defendants on 28.12.1995 is still valid and binding; that the Plaintiffs have the right to complete the construction of the 4th floor of the suit premises and also for a decree for permanent injunction, contending inter alia that the Defendants who are the owners and possessors of a plot of land described in Schedule A to the plaint entered into an ag