PAVITHRA Vs. K.S. VENKATARAM

JUDGEMENT

(1.) This Writ petition is filed by the plaintiff in Original Suit No.169 of 2011 on the file of the VI Additional Civil Judge and JMFC, Tumakuru (for short, hereinafter referred to as 'trial Court'), challenging the order dtd. 7/6/2021, dismissing the application filed by the plaintiff under Order VI Rule 17 read with Sec. 151 of the Civil Procedure Code.

(2.) The relevant facts for adjudication of this writ petition are that the plaintiff has filed suit for permanent injunction. The said suit has been contested by the defendant by filing written statement. During the pendency of the suit, the plaintiff has filed application seeking amendment of plaint as per AnnexureC. The said application was resisted by the defendant. The trial Court, after considering the material on record, by order dtd. 7/6/2021, dismissed the application on the ground that the plaintiff has not shown due diligence in filing the said application. Being aggrieved by the dismissal of the applciation, plaintiff has preferred this writ petition.

(3.) I have heard Sri. Patel D. Kare Gowda, learned counsel appearing for petitioner and Sri. V.B. Siddaramaiah, learned counsel appearing for respondent.