RAJ KUMAR JAIN Vs. OIL SELECTION BOARD NORTH

JUDGEMENT

(1.) The petitioner-plaintiff aggrieved by the order dated 12th January, 2001, passed by the trial court, whereby the trial court rejected the amendment application filed by the petitioner approached the revisional court, who vide order dated 9th August, 2005, dismissed the revision filed by the petitioner, approached this Court by means of present writ petition under Article 226 of the Constitution of India, copies whereof are annexed as Annexures-'4' and '5', respectively to the writ petition.

(2.) Heard learned counsel appearing on behalf of the parties.

(3.) In short the facts of the present case are that the petitioner-plaintiff filed a suit in the year 1985 against the respondents-defendants before the trial court. Thereafter in the year 2000, after 15 years from the date of filing of the suit, the petitioner-plaintiff filed an amendment application under Order VI, Rule 17 of the Code of Civil Procedure seeking amendment in the plaint, which was partly allowed by the trial court vide order dated 15th February, 2000. Against the order dated 15th February, 2000, the petitioner-plaintiff preferred a revision before the revisional court and the revisional court vide order dated 6th April, 2000, allowed the revision in part and remanded back the matter to the trial court. The matter was again heard by the trial court and the trial court after hearing learned counsel for the parties, vide order dated 12th January, 2001 rejected the application for amendment filed by the petitioner-plaintiff holding that if the plaintiff is allowed to amend in the plaint, then it will affect the rights of the defendants. The trial court while rejecting the amendment application of the petitioner-plaintiff has relied upon a decision in K. Raheja Constructions Ltd. and Anr. v. Ailiance Ministries and Anr. 1995 (2) ARC 242. Aggrieved by the order dated 12th January, 2001, the petitioner-plaintiff preferred a revision before the revisional court. The revisional court vide order dated 9th August, 2005 dismissed the revision filed by the petitioner-plaintiff holding that there is no error in the order passed by the trial court. Thus, this writ petition.