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Judgment
S.K. Gangele, J.—Heard on admission. Petitioner/defendant has filed this writ petition challenging the order dated 1/5/2013 whereby the Trial Court has allowed the application of the respondent plaintiffs for amendment in the plaint filed under Order 6 Rule 17 CPC.
The trial is at the initial stage and the issues have not been framed. The plaintiffs challenged the sale deeds dated 7/5/1973 and 29/4/1964. They have also sought a declaration in regard to the property in dispute. Thereafter, some detailed pleadings have been made by the plaintiffs to substantiate their claim by way of amendment. Looking to the facts of the case, it could not be said that there is an error of jurisdiction committed by the trial court in allowing the application for amendment.
Learned counsel for the petitioner placed reliance on a decision of the Apex Court in Maria Margarida Sequeria Fernandes and Others Vs. Erasmo Jack de Sequeria (Dead) through L. Rs., . However, in the facts of the case, this judgment is not applicable in the present case.
Learned counsel for the petitioner further submits that the suit filed by the plaintiffs is not maintainable. The petitioner/defendant is at liberty to raise plea in this regard before the trial court. Petition is disposed of accordingly.