NAGARATHNAMMA Vs. SRI MARICHANNAPPA

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 20.10.11, passed on LA. No. 16 which is an application filed under Order VI Rule 17 read with Section 151 of CPC in O.S.No.409/07 on the file of the Prl. Senior Civil Judge at Ramanagar.

(2.) THE relevant facts of the case are that the first respondent herein has filed a suit seeking declaration and injunction. After recording of evidence and at the stage of final arguments, an application under Order VI Pule 17 read with Section 151 of the CPC was filed seeking amendment of the plaint by inclusion of an additional prayer. The said application has been allowed. It is against the said order, this wilt petition has been filed.

(3.) IT is contended on behalf of the petitioner that the application filed by the first respondent herein was at a belated stage. The trial court has failed to appreciate the fact that the additional relief sought by way of amendment is also hit by the Limitation Act. Therefore, the trial court ought to have dismissed the application and the order impugned calls for interference in this writ petition.