JUDGMENT

Manjari Nehru Kaul J. (Oral) - The petitioners have filed the present petition under Article 227 of the Constitution of India for setting aside the order dated 29.09.2022 (Annexure P-5) passed by the learned Civil Judge (Junior Division), Batala vide which an application filed by them under Order 6 Rule 17 read with Section 151 CPC for amendment of the plaint, was dismissed.

2. Learned counsel for the petitioners inter alia submits that the trial Court while passing the impugned order failed to appreciate that the proposed amendments are necessary to elucidate and elaborate the stand already taken by the petitioners in the plaint. He further submits that the counsel for the petitioners while preparing the case, felt the necessity to amend the plaint and since foundation of the facts sought to be incorporated by way of the proposed amendment already exist in the plaint, i.e., the factum of partition on the basis of the Salasnamna dated 09.11.2003, the respondents would not be in any manner adversely affected by the proposed amendment.

3. Learned counsel still further submits that though the Salasnama had been duly attested by all the parties including the respondents, however,