JUDGMENT

Petitioners are plaintiffs 1 and 2 in O.S.96 of

2002 on the file of Munsiff Court, Mavelikkara. Along with the petitioners, two other plaintiffs also jointly instituted the suit. The suit was instituted by plaintiffs in their representative capacity after obtaining permission under Order Rule 8 of Code of Civil Procedure, seeking decree for permanent prohibitory injunction in respect of plaint B schedule contending that water flowing through the channel is necessary for proper cultivation of plaint A schedule property. An order of temporary injunction sought for by the plaintiffs was allowed by the trial court. Though defendants challenged it by filing an appeal, the appeal was dismissed confirming the order of temporary injunction granted till disposal of the suit. Thereafter two of the plaintiffs, viz, petitioners, filed an application under Order VI Rule 17 of Code of Civil Procedure and Order 1 Rule 10(2) of the Code to delete plaintiffs 3 and 4 from party array and to incorporate a relief of mandatory injunction and damages after incorporating necessary pleadings. Defendants filed objections contending that two plaintiffs alone are not entitled to such amendment of the