RAJESH KUMAR CHOUDHARI Vs. DARSHAN SINGH

JUDGEMENT

(1.) BY this writ petition under Art.227 of the Constitution of India, the petitioner has challenged legality and propriety of the order dated 20-7-2010 passed by the 1st Civil Judge Class - II, Jagdalpur in Civil Suit No. 55A / 2007, whereby the application for amendment filed under O.6, R.17 of the CPC on behalf of the petitioner herein for alternate relief has been dismissed by the said Court.

(2.) I have heard learned counsel for the parties, perused the order impugned, copy of the plaint, copy of the application filed under O.2, R.2(3) of the CPC and copy of the application filed under O.6, R.17 of the CPC.

(3.) ON the other hand, learned Senior Advocate appearing on behalf of respondent No.2, opposes the petition and submits that the application for amendment filed on behalf of the petitioner is time barred and the said application has been filed after commencement of trial. The plaint reveals that it has been drafted cleverly and the plaintiff has tried to avoid payment of Court fees, but after dismissal of application filed under O.2, R.2(3) of the CPC the plaintiff has filed the aforesaid amendment application in which he has proposed the amendment for return of advance of Rs. 1,35,000/- with 9% interest.