JUDGMENT :

Saral Srivastava, J.

Heard Sri Rishabh Agarwal, learned counsel for the petitioners and Sri Kshitij Shailendra, learned counsel for the respondents.

2. The petitioners, by means of the present writ petition under Article 227 of the Constitution of India, have assailed the impugned order dated 21.7.2018 passed by Additional District Judge, Court No. 18, Agra in Original Suit No. 609 of 2015, by which the application for amendment of the petitioners-plaintiffs to incorporate certain facts in the plaint has been rejected.

3. A preliminary objection has been raised by Sri Kshitij Shailendra, learned counsel for the respondents regarding maintainability of the writ petition under Article 227 of the Constitution of India, inasmuch as according to him, a revision under Section 115 of C.P.C. shall lie against the order of trial Court, therefore, the present writ petition under Article 227 of the Constitution of India is liable to be dismissed being not maintainable.

4. To the aforesaid objection, learned counsel for the petitioners has contended that after amendment in Section 115 of C.P.C. in the year 2002, a proviso has been inserted, the perusal of which shows that if the amendmen