Judgment:

Impugning the order dated 04­03­2013 (Annexure P­1) passed in Civil Suit No.103­A/2010, this petition is filed under Article 227 of the Constitution. The Court below allowed the amendment application Annexure P­17, dated 04­09­2012 by the impugned order.

2. This matter has a chequred history. Petitioners­plaintiffs filed a suit for partition, declaration and permanent injunction (Annexure P­2). Respondent No.1­ defendant filed his written statement (Annexure P­3). Petitioners filed an application for amendment under Order 6 Rule 17 CPC due to death of plaintiff No.1 (Annexure P­4). By order dated 17­10­2011 (Anenxure P­5), the trial Court allowed the said amendment application and granted liberty to the other side to file consequential amendment, if required. Respondent No.1­defendant filed an application for amendment on 01­11­2011. By this application, he wanted to add certain paragraph in the written statement. It is contended by the petitioners that this amendment was not simply a consequential amendment. In addition to the grounds taken as consequential amendment, certain new lands were sought to be added which were in the name of certain other persons. The petitioners