RAM AVATAR JINDAL Vs. MANAV BHARTI SCHOOL

JUDGEMENT

(1.) Instant civil revision, preferred under section 115 of CPC, is directed against the order dated 11.10.2019 passed by 1st Additional Civil Judge (S.D.), Dehradun in O.S. No.82 of 2014, whereby the application filed by the respondents/defendants under Order VI Rule 17 of CPC has been allowed.

(2.) Factual matrix of the case is that the plaintiff/revisionist filed a suit for decree of mandatory injunction, cancellation of sale deed and lease deed against the respondents/defendants. The respondents/defendants contested the suit and filed the written statement. The trial court fixed the suit for 05.07.2017 for framing of issues. However, on the said date, the respondent/defendants moved an application under Order VI Rule 17 of CPC read with Section 151 CPC seeking certain amendments in the written statement. Revisionist/plaintiff filed his objections to the amendment application. After hearing the learned counsel for the parties, the trial court, by the order impugned, allowed the amendment application with costs of Rs. 1,000/-. While doing so, the trial court recorded finding that the amendment sought by the defendant is formal in nature and does not change the nature of suit and it also does not cause any prejudice to the plaintiff.

(3.) I have heard learned counsel for the revisionist and perused the entire material brought on record.