PRABHAKAR JOSHI Vs. RAJKUMAR

JUDGEMENT

(1.) BY invoking the jurisdiction of this Court under Article 227 of the Constitution of India, the petitioner/defendant has challenged the order dated 6.9.2012 whereby his application under Order 6 Rule 17 C.P.C. for amendment is rejected by the Court below.

(2.) SHRI K.B.Chaturvedi, learned senior counsel assisted by Shri Yogesh Chaturvedi submits that the application for amendment (Annexure P-4) was filed on the basis of subsequent event which took place on 15.8.2012. By placing reliance on the averments of amendment application, it is stated that the plaintiff started his business in the west side of the shop w.e.f. 15.8.2012 and plaintiff's son has started his business at Gwalior which shows that there is no bonafide need of shop to the plaintiff. By emphasizing on the date i.e., 15.8.2012, learned counsel submits that immediately thereafter the application Annexure P-4 is filed on 6.9.2012 and, therefore, defendant has filed it with 'due diligence'.

(3.) PER contra, Shri Harish Dixit, learned counsel for respondent No.1, supported the order passed by the Court below.