LAWS(DLH)-2008-8-131

SUDHAKAR PRASAD SINGH Vs. USHA SINHA

Decided On August 08, 2008
SUDHAKAR PRASAD SINGH Appellant
V/S
USHA SINHA Respondents

JUDGEMENT

(1.) BY this petition under article 227, the petitioner has assailed the order dated 4th September, 2006 whereby the Trial Court allowed an application under Order 6 Rule 17 CPC filed by the plaintiff to amend the plaint. The main objection of the petitioner is that by way of amendment, the plaintiff had sneaked in a time barred claim which was impermissible under law. The reasons given for the amendment are also baseless and frivolous. The plaintiff was also allowed to delete para 9 of the plaint which contains certain admissions of the plaintiff.

(2.) PARA 9 of the plaint reads as under :

(3.) THE reasons for deleting para 9 as given by the plaintiff was that after verification, plaintiff found that this para was not correct and the averment was a bonafide mistake and inadvertent error.