RAMKUMAR Vs. PYARILAL NARAYAN PATEL

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed against the order dtd. 17/11/2022 passed by Second Additional Civil Judge, Class-II to the Court of First Civil Judge, Class-II, Raigarh passed in Civil Suit No.01-A/2015 (Pyarilal Narayan Patel Vs. Narayan Prasad and others), whereby the application preferred by the petitioner/defendant No.3 under Order 6 Rule 18 of CPC has been dismissed.

(2.) Shri Sharma, learned counsel for the petitioner (defendant No.3 therein) would submit that respondent No.1 has filed civil suit for declaration of title, partition and possession of the suit land alleging that suit property is ancestral property in which petitioner/defendant No.3 has pleaded that the suit property has been acquired through will by defendant No.3. In this regard, the petitioner had filed an application for necessary amendment in the written statement on 4/8/2022 which has been allowed on the same day by the trial Court and was directed to be carried out the necessary amendment within 3 days. However, due to some bonafide reasons the proposed amendment could not carried out within the time stipulated. Thereafter, on the next date of hearing the petitioner/defendant No.3 had filed an application under Order 6 Rule 18 of Civil Procedure Code for extension of time to incorporate proposed amendment, but the same has been rejected in a mechanical manner. Learned counsel has also placed reliance in the matter of Rambabu Vs. Shrikrishan reported in 2011 (1) MPHT 281 and has also drawn attention of this Court to paragraph 13 which reads thus:-

(3.) Heard learned counsel for the petitioner and perused petition along with the annexed documents.