LALIT MOHAN Vs. MADAN MOHAN AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner. Sri Lalit Kumar has appeared for respondent No.4.

(2.) Petitioner's application for amendment of the plaint at the fag end of the hearing of the appeal has been rejected. The suit of the petitioner was for partition which was dismissed and in appeal when a date for hearing was fixed, the amendment was filed.

(3.) The court below in rejecting the amendment has come to the conclusion that no case for accepting the amendment at such a belated stage as per the proviso to Order 6 Rule 17 C.P.C. has been made out.