VIJAY DHARAMSURI SAMADHI MANDIR Vs. RAKESH CHOWKSE

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 06.01.2020 passed by 4 th Additional District Judge, Shivpuri in Civil Suit No. 2-A/2011, by which the application filed by the petitioner under Order 6 Rule 17 of CPC has been rejected.

(2.) It is submitted by the counsel for the petitioner that the petitioner has filed a suit for declaration of title and injunction through Shri Yashwant Jain by projecting him to be the holder of power attorney. The suit was filed in the year 2011. In the year 2014 Yashwant Jain was appointed as Manager of the petitioner, therefore, the petitioner filed an application under Section 6 Rule 17 of CPC on 22.11.2017 which was objected by the respondent. The Trial Court by order dated 06.01.2020 has rejected the application on the ground that the evidence of the plaintiff is already over and the application has been filed belatedly as well as the petitioner has failed to prove that as to why he could not file the said application at the earliest.

(3.) Challenging the order passed by the Court below, it is submitted by the counsel for the petitioner that Yashwant Jain was cross-examined by the respondent in detail with regard to his status and, therefore, it has become necessary for the plaintiff / petitioner to clarify the status of Yashwant Jain by amending the cause title.