SONA DEVI AND ANR Vs. AJAY KUMAR

JUDGEMENT

(1.) By the present petition the petitioner seeks to impugn the order dated 2.8.2016 by which an application filed by the petitioner under Order 6, Rule 17 Civil P.C. was dismissed. When the matter came up for hearing on 30.09.2016, despite receipt of advance copy of the petition none had appeared for the respondent. In the interest of justice notice was issued to the respondent returnable for today. On 30.09.2016 the Court had recorded the background disputes as follows:-

(2.) Learned counsel appearing for the respondent submits that the evidence of PW1 has already been completed. He further submits that no material ground is given as to why the petitioner seeks to amend the plaint. The only ground given is that the counsel for the petitioner was not duly diligent. He submits that this could not be a ground to permit amendment of the plaint at this belated stage.

(3.) To look at accepted principles of amendments, reference may be had to the judgment of the Supreme Court in the case of 'Revajeetu Builders and Developers Vs. Narayanaswamy and Sons and Ors.', 2009 (13) Scale 241. The Honourable Supreme Court in para 67 held as follows:-