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Judgment
Order dismissing the application for amendment of the written statement, is under challenge in this original petition.
All that the petitioners wanted to incorporate was a plea of bar of the suit under Order II Rule 2 CPC. No new factual averments are sought to be
brought in by way of amendment. The petitioners only seek for incorporation of a legal plea on the existing facts. In the circumstances, I am of the
opinion that the amendment is liable to be permitted. The inconvenience caused to the first respondent-plaintiff can be compensated by way of costs.
Accordingly it is ordered that, the application IA 550/2020 will stand allowed on condition that the petitioners pay an amount of Rs.10,000/- as costs
to the counsel appearing for the first respondent-plaintiff before this Court within a period of one week from today. In the event of failure to pay the
costs within the time stipulated, the impugned order will stand affirmed.
Original Petition is disposed of as above.