AYAR LAXMAN KATHADBHAI Vs. NARENDRASINH NANABHA VADHER

JUDGEMENT

(1.) Rule. Mr.K.S. Chandrani, learned advocate, waives service of notice of Rule on behalf of respondent No.2. The proceedings have abated qua respondent No.1. Respondents Nos.3.1 to 3.6 have been served but have chosen not to appear before this Court, therefore, there is no requirement of issuing notice of Rule to them.

(2.) The challenge in this petition under Article 227 of the Constitution of India, is to the order dated 10.12.2012, passed by the learned 5th Additional Senior Civil Judge, Rajkot, in Regular Civil Suit No.1538 of 1996, whereby the application of the petitioner at Exh.35, for amendment in the plaint, has been rejected.

(3.) The petitioner, who is the original plaintiff, has instituted Regular Civil Suit No.1538 of 1996 against the respondents (original defendants) for declaration and permanent injunction. On 25.02.2002, the petitioner filed an application for amendment of the plaint under Oder 6 Rule 17 of the Code of Civil Procedure, 1908 ("the Code" for short). The respondents filed their reply to the said application. However, before adjudicating the application on merits, the Trial Court rejected it vide the impugned order dated 10.12.2012, interalia, on the ground that the learned advocate for the petitioner was not present when the application was called out and no application for adjournment had been filed by him. Aggrieved by the abovementioned order, the petitioner is before this Court.