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2012 Supreme(Raj) 603

MAHESH BHAGWATI
Radiant Silk Mills – Appellant
Versus
Addl. Civil Judge (JD), No. 3, Jaipur City, Jaipur – Respondent


Advocates Appeared
Kamlaka Sharma, Senior Counsel with Alankrita Sharma, for Petitioners;
Mamraj Jain, for Respondents.

Hon'ble BHAGWATI, J.—Challenge in this writ petition is to the order dated 13th April, 2009, whereby the Additional Civil Judge (Jr. Division) No. 3, Jaipur City, Jaipur dismissed the application of the petitioners-plaintiffs filed under Order 6 Rule 17 of CPC.

2. Shorn of unnecessary details, the facts of the case, in brief are that the petitioners-plaintiffs filed a civil suit in the court of Additional Civil Judge (Jr. Division), No. 3, Jaipur City, Jaipur, seeking permanent injunction against the respondents-defendants together with an application of temporary injunction under Order 39 Rule 1 and 2 of CPC. During the pendency of the suit, the petitioners-plaintiffs filed an application under Order 6 Rule 17 of CPC seeking an amendment in the plaint, but the learned trial court dismissed the application vide order dated 13th April, 2009, which has been impugned.

3. Heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned order.

4. Learned counsel for the petitioners canvassed that the plaintiffs executed a bank guarantee in favour of the defendant No. 1 M/s. Sona Processors (India Ltd., for an amount of Rs. 8 lacs. The b











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