ANJUM KAUSAR KHAN Vs. RASHIDAN

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.

(2.) S. C. C. Suit No. 4 of 2004 was filed by the respondent in the Court of Judge Small Cause Court, Bijnor on 27-1-2004. Written statement was filed by the petitioner in the aforesaid suit on 27-5-2004. The cross-examination of P. W. 1 Sayeed Ahmad was recorded on 20-12-2004. Thereafter the respondent filed an amendment application dated 30-3-2005 vide paper No. 42-Ga by which following amendment was sought in the plaint by adding paragraph 6 (a ). ...[VERNACULAR TEXT OMITTED]...

(3.) THE Counsel for the petitioner contends that amendment was not maintainable in view of proviso of Order VI, Rule 17 of the Code of Civil Procedure which provides that - "the Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties : Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial. "