LALIT KUMAR SHARMA Vs. KAPIL KUMAR SHARMA

JUDGEMENT

(1.) This is an application under Order 6 Rule 17 seeking amendment in respect of para 13 of the plaint as to rectification of the factual error in respect of the order dated 13/5/1997 passed by the learned Trial Court before whom the earlier suit was filed by the plaintiff. Main objection raised by counsel for defendant No.1 is with regard to the maintainability of the suit itself as the same is barred by provision of Order 9 Rule 9 Civil Procedure Code

(2.) A suit for partition was filed by the plaintiff in the court of learned District Judge valuing the pecuniary jurisdiction below Rs.5.00 lacs but when it came to the notice that pecuniary jurisdiction exceeded Rs.5.00 lacs and therefore the court of Additional District Judge has no jurisdiction to try the suit, an application under Order 23 Rule 1 Civil Procedure Code was moved by the plaintiff seeking withdrawal of the suit with the permission to file a fresh suit in the court of competent Jurisdiction on the same cause of action.

(3.) The plaintiff throughout laboured under the belief that the application has been allowed and as such he filed the instant suit in this court wherein the following plea was taken in para 13 of the plaint: