NIMISHA BHAGAT Vs. RASHI MISRA

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India, seeking to set aside the impugned order dtd. 26/7/2022, passed by learned SCJ-cum-RC, Karkardooma Courts, Delhi in CS No. 187/2020, titled as 'Nimisha Bhagat Vs. Rashi Misra", whereby, the learned trial court dismissed the application under Order 6 Rule 17 of the Code of Civil Procedure ["CPC"], filed by the petitioner herein.

(2.) Shorn of all the unnecessary details, suffice to mention that petitioner filed a Suit for Recovery of friendly loan advanced to the respondent. Prior to the issue of summons to the respondent, the court below framed a preliminary issue on the limitation. While the case was fixed for arguments on the said preliminary issue, petitioner filed an application under Order 6 Rule 17 CPC for the amendment of the plaint stating that petitioner found an old diary maintained by her in the ordinary course, wherein, she had made certain entries regarding the dates on which the loan was advanced to the respondent. The diary allegedly contains the professional notes prepared by the petitioner. She filed the relevant extract of the diary with the list of documents. By virtue of the application, petitioner sought to incorporate the correct dates of advancement of loans on different dates and make consequential amendments in paras No. 2, 4, 7 and 17 of her plaint.

(3.) Trial Court heard arguments on both counts i.e. preliminary issue as also the application under Order 6 Rule 17 CPC and passed a common order dtd. 26/7/2022. The court found the suit to be within limitation and directed that summons be issued to the respondent/defendant but dismissed the application for amendment. Petitioner impugns only the part of the said order, whereby, the application under Order 6 Rule 17 CPC was dismissed. The relevant extract of the impugned order is reproduced below:-