Dashrath vs Deceased Raju Bai - 2014 Supreme(MP) 986

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2014 Supreme(MP) 986

PRAKASH SHRIVASTAVA
Dashrath – Appellant
Versus
Deceased Raju Bai – Respondent

Advocates Appeared:
For the Appellant :Vinay Gandhi, Advocate
For the Respondents:Subodh Abhyankar, Advocate

Judgment

Prakash Shrivastava, J.:-

This writ petition under Article 227 of the Constitution of India is at the instance of the defendant in the suit challenging the order of the Trial Court, dated 24-1-2014 allowing the respondent's application for amendment of plaint under Order 6 Rule 17 of the CPC. In brief, the respondent has filed the suit for permanent injunction in which the petitioners had filed the written statement as well as the counter claim. The respondent had also filed the reply to the counterclaim. The petitioners thereafter had filed an application for amendment of the counter claim, which was rejected by the Trial Court, against which the petitioners had filed W.P. No. 4766/2012, which was allowed by this Court by order dated 5-7-2012 with certain conditions permitting the petitioners to file fresh application. The petitioners had filed the fresh application for amendment of written statement and counter claim, which was allowed by the Trial Court. At the stage of consequential amendment, the respondents had declared that they did not want to make any consequential amendment and the matter had proceeded before the Trial Court and after completion of the evidence, at