RAMKAYA Vs. SHIVANANDAN

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 6/10/2022 passed by District Judge, Surajpur in Civil Appeal (unregistered) between Shivnandan and others Vs. Ramkaya and others, whereby the application preferred by the respondents for amendment in the application under Sec. 5 of the Limitation Act has been allowed.

(2.) Shri Raja Sharma, Counsel for the petitioners submits that the respondents No.1 to 5 (appellants therein) had preferred an appeal before the District Judge, Surajpur. The said appeal was barred by limitation hence the same was accompanied by the application for condonation of delay. Thereafter, the appellants have filed the application for amendment in the application for condonation of delay in which objection was duly raised by the petitioners herein. However, the Court below allowed their application ignoring the fact that amendment application was filed belatedly and further provisions for amendment as provided in Order 6 Rule 17 CPC do not provide for amendment except in the plaint and written statement, which is bad in law and the same deserves to be quashed.

(3.) Heard learned counsel for the petitioner and perused the order of the Court below and document annexed with the petition.