BHAGWAT HARI PATIL Vs. VIKRAM DAMODAR PATIL

JUDGEMENT

(1.) This petition takes exception to order dtd. 20/04/2019 passed below Exhibit 14 in R.C.A. No. 23/2016 whereby the First Appellate Court rejected application filed by the original plaintiff under Order 6 Rule 17 of the Code of Civil Procedure (for short 'CPC ') for amendment to the plaint.

(2.) The facts in this case which undisputed are narrated in brief as under:

(3.) Defendant No.1 filed written statement on 06/02/2012 specifically denying the rights title and interest of the plaintiff in respect of the suit property. It is thereafter issues were framed. Parties led their evidence. The learned Trial Court after hearing both sides passed judgment dtd. 06/02/2016 dismissing the suit. Against this dismissal of the suit R.C.A. No. 23/2016 is filed by the plaintiff. Before the First Appellate Court application Exhibit 14 came to be filed for seeking amendment to the plaint for incorporating following reliefs: