ORDER

1. Heard finally, with the consent of the parties.

2. This miscellaneous petition under Article 227 of the Constitution of India has been filed by the petitioners/defendants against the order dated 24.2.2024 (Annnexure P/1), passed by the Second Civil Judge, Junior Division Depalpur District Indore in RCSA5A/2018 (Civil Suit No.37-A/2015); whereby, an application filed by the respondent/plaintiff under Order 6 rule 17 of the Civil Procedure Code, 1908 (hereinafter to be referred to as ‘CPC”) for amendment in the plaint, has been allowed.

3. In brief, the facts of the case are that initially on 25.8.2015, the respondent filed a civil Suit RCS No.37-A/2015 against the petitioner no.1 before the Second Civil Judge, Class II, Depalpur seeking relief for deletion of the name of petitioner No.1 with regard to House No.187, Tilak Marg, Street No.1 Depalpur. In the aforesaid suit, the petitioner No.1 also submitted his written statement along with counter claim and an application under Order 7 rule 11 of the CPC was also filed for rejection of the suit which was decided on 8.9.2016, and the suit was rejected. Thereafter the aforesaid suit continued with respect to the counter claim file