SHEHSMANI Vs. AMARJEET

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This petition is under Article 227 of the Constitution of India. The petitioner is challenging the order dated 29.01.2020 (Annexure-P/5) whereby the Court below in a pending civil suit passed an order deciding the application filed by the plaintiff/petitioner under Order VI Rule 17 of CPC.

(3.) The application has been rejected by the Court below on the ground that the proposed amendment was well within the knowledge of the plaintiff and it is further observed that the plaintiff has not disclosed, as to from when the defendants tried to dispossess him and interrupted in his possession. The Court below has observed that the case is fixed for recording of defendants' evidence and the amendment which is sought and the facts proposed to be brought on record are already in the knowledge of the plaintiff and even otherwise it is not disclosed as to on what date such cause of action arose, therefore, that amendment is not required to be allowed.