VADNAGARA CERAMICS Vs. PASCHIM GUJARAT VIJ CO. LTD.

JUDGEMENT

(1.) Challenge in this petition is to the order dtd. 16/12/2000, passed below Exh. 103 in Special Civil Suit No. 72 of 1994, by which, the learned Principal Senior Civil Judge, Surendranagar, by granting permission, permitted the respondent plaintiff to cure its relief.

(2.) The petitioner being a defendant of the suit, has challenged the impugned order, mainly on the ground that the court below without their being any finding as to due diligence as contemplated under Order 6 Rule 17 proviso, the court ought not to have allowed the amendment.

(3.) This Court has heard learned counsel Mr. Henil Shah and Mr. Premal Joshi, learned advocate for the respective parties.