(1.) ORDER impugned before this Court is the order dated 19.04.2011 vide which the application filed by the plaintiff under ORDER 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as the 'Code') seeking an amendment in his plaint had been declined. Contention of the petitioner is that this order suffers from an illegality; contention being that the amendment application had been filed within a span of less than one month from the date of original filing of the plaint and no prejudice would have been suffered by the defendant in case the amendment would have been allowed; further contention being that the law of amendment is liberal. To support his submission, reliance has been placed upon AIR 1978 SC 484 Ganesh Trading Co. Vs. Moji Ram as also AIR 1983 SC 462 Panchdeo Narain Srivastava Vs. Km. Jyoti Sahay and another.
(2.) THERE is no doubt to the proposition that the law of amendment is to be liberally construed and if a party or its counsel is insufficient in setting out its case initially the shortcoming can be removed by appropriate steps. However in this case, the submission of the petitioner that the amendment sought for is only because of an improper drafting in the plaint which is because of the shortcoming of the Advocate is without any merit.
(3.) IN this background, the prayer made by the petitioner had been considered and rejected and in view of this Court rightly so.