RUKMINIBAI PURUSHOTTAM GAJUL Vs. AMBAJI NARASAYYA SITA

JUDGEMENT

(1.) Heard Mr. Sakhare, learned counsel for the Petitioner. He states that all the Respondent is duly served and affidavit of service has been filed. On 7th February, 2017 this Court made the following order:

(2.) From the aforesaid it is quite clear that the parties were put to notice that this Petition will be disposed of finally at the stage of admission. In the meanwhile, an ad-interim order was also made in terms of prayer clause (c).

(3.) The challenge in this Petition as noted earlier is to the order dated 16th March, 2016 by which the learned trial Judge has dismissed the Petitioner's application seeking leave to amend the Plaint. The only reason in the impugned order is that the case is fixed for evidence of the Plaintiff and there was no explanation of due diligence. Therefore relying upon the proviso Order VI Rule 17 of Code of Civil Procedure, the learned trial Judge has dismissed the Petitioner's application below Exhibit 21.