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2020 Supreme(Raj) 456

PRAKASH GUPTA
Gopal Swami S/o Late Shri Mohan Das Ji – Appellant
Versus
Thakur Ji Shri Sita Ram Ji – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ashok Kumar Sharma
For the Respondent: Mr. R.K. Daga, Mr. Deepak Sharma

ORDER :

1. This writ petition has been filed by the petitioners-defendants (hereinafter referred to as ‘the defendants’) against the order dated 01.11.2018 passed by the Additional District Judge Court No. 11 Jaipur in Civil suit No. 125/2012, whereby the application filed by the defendants under Order 6 Rule 17 has been dismissed.

2. Facts of the case are that respondent no. 1 to 9-plaintiffs (hereinafter referred to as ‘the plaintiffs’) filed a suit for Osra, settlement of account, partition of the property and permanent and mandatory injunction against the defendants. On receipt of summons, the defendants put in appearance and filed the written statement as also the counter claim. During the pendency of the writ petition, the defendants filed an application under Order 6 Rule 17 CPC seeking amendment in the written statement. The plaintiffs filed a reply thereto. After hearing the arguments, the Trial Court, vide its order date 1.11.2018, dismissed the defendants’ application under Order 6 Rule 17 CPC. Hence, this writ petition.

3. Learned counsel for the defendants submits that Govind Das, through whom the plaintiffs no. 2 to 9 are claiming their rights, filed a suit titled Mahant

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