LAWS(KAR)-2012-9-403

G. SUMITHRA W/O. LATE K. LAKSHMINARAYANASA Vs. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BANGALORE - 560020

Decided On September 07, 2012
G. Sumithra W/O. Late K. Lakshminarayanasa Appellant
V/S
Commissioner, Bangalore Development Authority, Kumara Park West, Bangalore Respondents

JUDGEMENT

(1.) THE petitioner/plaintiff filed a suit for permanent injunction. During the pendency of the suit, he filed an application under Order - 6, Rule - 17 read with Section - 151 of C.P.C., seeking amendment of the plaint. Among other prayers, to add a prayer for declaration also. The Trial Court vide the impugned order rejected the same. Hence, the present petition. The Learned Counsel for the petitioner contends that the application has been filed at an earliest point of time, even before the commencement of the evidence. That the Trial Court misdirected itself in rejecting the application and that the impugned order is bad in law and liable to be set -aside.

(2.) THE Learned Counsel for the respondent is absent.

(3.) I have examined the impugned order and the material on record.