NANDRAM Vs. BABOOLAL @ BABBOO

JUDGEMENT

(1.) IN this petition, filed under Article 227 of the Constitution of INdia, the petitioner has challenged the order dated 22.7.2009, whereby his application, Annexure P-4, preferred under Order 6 Rule 17 CPC, was rejected.

(2.) THE petitioner, admittedly, preferred the said application belatedly. THE suit was filed on 2312.2002. After commencement of the trial, the amendment application was filed on 12.3.2008. THE court below has rejected the same on the ground that the petitioner was well aware about the averments and facts which were mentioned in the amendment application since beginning. In any case, the petitioner came to know about these facts when the defendants filed their reply. Another finding is given that the desired amendment is not based on subsequent events.

(3.) PER Contra, Shri N.S.Kirar, learned counsel for the respondents supported the order passed by the court below.