ORDER :

1. Being aggrieved by the Order dated 10.09.2019 passed by learned Senior Civil Judge, East Sikkim at Gangtok in Title Suit No. 39/2014 allowing the application filed under Order VI Rule 17 of the Code of Civil Procedure, 1908, for short, CPC, seeking amendment to the plaint, this writ petition has been preferred.

2. Learned Counsel representing the petitioner contends that the application under Order VI Rule 17 CPC allowed by the trial Court is by ignoring the order dated 29.03.2019 of this Court in C.R.P. No. 05/2018 in the same suit. It is urged that with altogether identical pleadings earlier an application for amendment was filed by the plaintiff which was allowed by the Trial Court vide order dated 14.05.2018. The said order was assailed in C.R.P. No. 05/2018. This Court vide order dated 29.03.2019 set aside the order of allowing the amendment, as the Counsel for the plaintiff/respondent no. 1 has conceded before the High Court that the Trial Court has not followed the procedure prescribed by law, therefore, if the order of the trial Court is being set aside, they have no objection. While passing the said order leave was not prayed for or granted, to apply afresh for th