MANJULABENJIVABHAISAPARIA Vs. KUMUDKUMARI JORAVARSING ZALA

JUDGEMENT

(1.) Heard learned advocate for the petitioner Mr.Vimal Patel and Mr.B.M.Mangukiya for the other side.

(2.) The present petition is moved against the order granting the amendment under Order 6 Rule 17 of the Civil Procedure Code

(3.) The first contention of the petitioner before this Court is that though the respondents were aware as to the change in the plot number of the land in dispute since 19.7.1994, they filed the application for amendment for the purpose on 3.3.2005, i.e., at the belated stage. The suit pending between the parties is of 1987, being Special Civil Suit No.297 of 1987. Earlier, the land in question was known as land bearing Survey No.90 of village Raiya of Taluka Rajkot. Thereafter, on introduction of the Town Planning Scheme, the land in question was designated as the land of Plot No.76. At present, none of the parties have mentioned the exact measurement of Plot No.76. It is not a matter of dispute that this very Plot No.76 on finalization of Town Planning Scheme is given Final Plot No.144 on re-arrangement in the scheme introduced for this purpose. The learned lower Court has considered two documents at Marks 70/1 and 70/2. The grievance of Mr.Patel before this Court is that though the scheme of Order 6, Rule 17 provides that a party may amend the pleadings at any stage of the suit, it does not mean that, at any belated stage, that too after several years and the learned lower Court ought not to have granted such amendment.