The application of the plaintiffs for amending the plaint of Original Suit No. 456 of 2006 was allowed by the trial court on 4.3.2010. The said order in revision has been set aside and the application has been directed to be reconsidered by the trial court.
The order of the Revisional Court dated 17.9.2010 has been challenged in this writ petition and the submission of the learned counsel for the petitioner is that there was no occasion for setting aside amendment and remanding the matter.
A perusal of the writ petition indicates that against the amendment application defendants have filed objections which were raised before the trial court but the trial court without recording any finding on the said objections allowed the amendment application virtually one sided. The Revisional Court after recording a clear finding that the amendment application has been allowed without dealing the objections raised by the defendants, has set aside the order of the trial court and has remanded the matter.
In view of fact that the objections against the amendment application were not considered and disposed of by reasoned order, I find no error in the order impugned. Let the application for amendment be considered afresh after hearing the parties in accordance with law as expeditiously as possible.
Petition dismissed with the above observation.
Order Date :- 11.10.2010 piyush