Sri Sonnalappa and Sri Ramakrishnappa vs Sri Sampangappa and Others

Ravi Malimath, J.—The petitioners-plaintiffs filed a suit for declaration and injunction. During the pendency of the suit, the respondents-defendants filed an application under Order VI Rule 17 read with Section 151 of CPC seeking amendment of the written statement. By the impugned order, the same was allowed. Hence, the present petition by the plaintiffs. The learned counsel for the petitioners contends that the trial Court committed an error in allowing the application. There is no reasoning assigned by the trial Court for allowing the application. Hence, he pleads that the petition be allowed by setting aside the order passed by the trial Court.

The learned counsel for the respondents defends the impugned order.

On hearing learned counsels'', I ''am of the considered view that appropriate interference is called for. The reasoning assigned by the trial Court are inappropriate. There is no reasoning assigned by the trial Court as to how the application for amendment if allowed would not change the nature of the defence taken. Merely stating that the proposed amendment will not take away the defence already taken by the defendants is inadequate. Appropriate reasons would have to be given by the trial Court while allowing the application. Further to hold that the plaintiffs have a right to file rejoinder in respect of the defence taken by the defendants cannot be a ground to allow the application for amendment. Under these circumstances, I ''am of the considered view that none of the pleas of the plaintiffs have been considered by the trial Court while allowing the application. Therefore, it is just and necessary that the objections raised to the application would have to be considered properly and thereafter to pass orders on that application. For the aforesaid reasons, the Writ Petition is allowed. The order dated 07.01.2012 passed on I.A. No. 9 in O.S. No. 134/2011 by the Senior Civil Judge & JMFC, Maour is set aside. The trial Court is directed to hear and pass appropriate orders in the light of the observations made hereinabove within a period of 10 days from the date of receipt of a copy of this order.