SANJAY GUPTA Vs. ARUN GUPTA

JUDGEMENT

(1.) By the present petition under Art. 227 of the Constitution of India the petitioner seeks to impugn the order dated 18.7.2016 by which an application filed by the respondent/plaintiff under section 152 Civil P.C. seeking correction in a judgment and decree dated 13.8.2012 passed under Order 12, Rule 6 Civil P.C. was allowed. As a consequence of the correction, the Gift Deed dated 1.5.2009 which as per the original order was declared as null and void was also directed to stand cancelled.

(2.) The respondent had filed the suit for declaring the gift deed in question dated 1.5.2009 as null and void. The parties are real brothers. Thereafter the respondent moved an application under Order 6, Rule 17 Civil P.C. for adding the prayer for cancellation of the Gift Deed. The application was allowed.

(3.) On 13.8.2012 the suit was decreed under Order 12, Rule 6 CPC. However, the trial court while decreeing the suit took into account the unamended plaint ignoring the subsequent amendment which was allowed under Order 6, Rule 17C PC.