GHANSHYAM Vs. RAJABETI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India assails two decisions inter alia taken by the trial Court whereby an application under Order 8 Rule 3-A CPC of the defendant has been rejected for want of material particulars and an application under Order 6 Rule 17 CPC of the defendants for amendment in WS has also been rejected on the ground of the trial being at the stage of final arguments and that the amendment is not relevant to the issue involved. Learned counsel for the rival parties are heard.

(2.) Perusal of the impugned order indicates that the application of the defendant under Order 8 Rule 3A(3) CPC has been rejected for want of material particulars. The trial Court also found that the documents sought to be produced has no relevancy to the issue involved in question.

(3.) As regards the amendment application under Order 6 Rule 17 CPC preferred by defendant seeking amendment in WS is concerned, the Court found that the amendment is not necessary as it is irrelevant to the issue involved and also that the amendment is attempted to be made at the belated stage when the case is fixed for final arguments.