MISHRI SINGH Vs. IIIRD ADDITIONAL DISTRICT JUDGE BIJNOR

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Counsel for the petitioner and the respondents.

(2.) IN this petition the judgment and order dated 3-10-1997 passed by the IIIrd Additional District Judge, Bijnor, in Civil Revision No. 4 of 1997, dismissing the revision of the petitioner, by which the order and judgment dated 13-12-1996 passed by the Ist Additional Civil Judge (Junior Division) Bijnor dismissing the amendment application of the petitioner was upheld, has been challenged.

(3.) THE contention of the Counsel for the petitioner is that while rejecting the application for amendment the Courts below failed to consider that the amendment was necessary for determination of all controversies between the parties and further that no additional evidence was required in the case. He submits that from a perusal of Annexure 7 to the writ petition it is apparent on the face of record that the order of Respondent No. 2 is not in accordance with law. It is further contended that the revision has been dismissed without appreciating the argument advanced on behalf of the petitioner and apart from it the revisional Court has failed to consider the provisions of Order VI, Rule 17 CPC.