T.S. DEWANGAN Vs. PAPPU @ A. FARISTA

JUDGEMENT

(1.) The petitioner herein is the plaintiff before the trial Court. He filed a suit for eviction and arrears of rent before the trial Court on 4/5/2009, in which the defendant/respondent was summoned. The respondent/ defendant has filed his written statement on 17/8/2009. Thereafter the plaintiff filed his affidavit under Order 18 Rule 4 of the CPC on 23/4/2010 and thereafter amendment application was filed on 4/3/2012 running into five pages, which was opposed by the defendant.

(2.) By the order impugned, the trial Court has rejected his application for amendment holding that application is barred by proviso to order 6 Rule 17 of the CPC.

(3.) Feeling aggrieved against the order rejecting application for amendment, this writ petition has been filed.