N.N.TIWARI
Rabindra Nath Mahato @ Rabindra Mahato – Appellant
Versus
Manoranjan Mahato – Respondent
N.N. Tiwari, J.
1. In this writ application the petitioners have prayed for quashing the order dated 7.6.2004 whereby the petitioners petition for amendment in the plaint filed under Order VI Rule 17 of the C.P.C. has been rejected. According to the plaintiffs-petitioners, the Court below failed to properly consider the facts and circumstances and also that the plaintiffs are the persons coming from the rural areas having no knowledge of law, could not earlier file the application for amendment. According to them they shall suffer irreparable loss and Injury and that there will be multiplicity of legal proceedings, if the controversies between the parties are not completely decided. It was urged that the Court below has erroneously rejected the petition without assigning any cogent reason. According to the petitioners, though the petition for amendment has not been happily drafted, the reason for not filing the amendment petition earlier has been mentioned in the petition which could have been considered by the learned Court below. But the learned Court below without any proper consideration of the facts and circumstances, has taken a pedantic view and has erroneously rejected
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