GIJESH BEDI Vs. PRAVEEN GOYAL & ORS

JUDGEMENT

(1.) In this petition filed under Article 227 of the Constitution of India, the petitioner/plaintiff has challenged the order dated 7.3.2012, whereby the Court below has allowed an application under Order 6 Rule 17 CPC preferred by the defendants/respondents.

(2.) By filing the said application, the defendants prayed that in the written statement filed by them, erroneously the verification clause could not be typed, and therefore, the same be permitted to be inserted by way of amendment. The Court below has allowed this application which is under challenge before this Court.

(3.) Shri N.K.Gupta, learned counsel for the petitioner, submits that the said application was filed after closure of defence evidence which is improper. By placing reliance on language of Order 6 Rule 17, Order 6 Rule 1, Order 6 Rule 15 and Order 8 Rule 1 CPC, learned counsel for the petitioner submits that a microscopic reading of these provisions would show that pleadings do not include 'verification', and therefore, the application under Order 6 Rule 17 CPC could not have been allowed. In support of his contention, he relied on (J. Samuel and Others Vs. Gattu Mahesh and Others, 2012 3 MPLJ 37) and (Babulal Agrawal Vs. Jyoti Shrivastava & Ors, 2000 1 MPLJ 102).