ORAL JUDGMENT

1. The instant Petition under Article 227 of the Constitution of India is filed praying for the following reliefs :-

“(a) A writ of certiorari or any other appropriate writ, order or direction may kindly be issued quashing and setting aside the judgment and order at Annexure ‘E’ herein, below the application Exh.109, and thereby rejecting the application Exh.109 before the Judge, Small Causes Court No.3, Ahmedabad in H. R. P. Suit No.1126 of 2003.

(b) Pending hearing and final disposal of this Special Civil Application, further proceedings of H. R. P. Suit No.1126 of 2003 of the Court of the Judge, Small Causes Court No.3, Ahmedabad may kindly be ordered to be stayed.

(c) Cost of this petition may kindly be awarded to the Petitioners from the Respondent No.1.

(d) Any other and further order that may be deemed necessary in the interest of justice may kindly be passed.”

2. The brief fact of the case is that the petitioners herein – the defendants in the suit challenge the order dated 06.02.2009 passed below Exh.109 in H. R. P. Suit No.1126 of 2003, whereby the learned Small Cause Court granted the application and permitted the plaintiff to amend the plaint. Being aggrieved,