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2022 Supreme(Raj) 3015

ASHOK KUMAR GAUR
Gopaldutt Mishra – Appellant
Versus
Anand Singh – Respondent


Advocates Appeared:
Mr.Alok Chaturvedi, Adv., for the Appellant; Mr.R.M. Jain, Adv., for the Respondent

ORDER

1. This case has checkered history.

2. The petitioners-plaintiffs filed S.B. Civil Writ Petition No.3062/2014 before this Court challenging the order dated 28.01.2014, whereby application filed by the petitioners under Order 6 Rule 17 CPC read with Section 151 CPC, was dismissed.

3. The Civil Court on account of issues being framed in the suit and evidence of the plaintiffs being recorded and considering the fact of dismissal of stay petition by the High Court, found that the petitioners did not exercise their due diligence in seeking amendment of their pleadings and as such amendment application came to be dismissed.

4. The writ petition of the petitioners was decided finally by a Coordinate Bench of this Court on 27.11.2014 and while writing the order, this Court found that in the interest of justice, documents sought to be placed on record were allowed to be taken on record subject to payment of cost of Rs.2,000/- to the respondents-defendants.

5. The petitioners immediately filed the present Misc. Application No.379/2014 for seeking correction/modification in the order dated 27.11.2014. The Coordinate Bench of this Court after hearing counsel for both the parties, modified the

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