RUKMANI BAI Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution of India is directed against the order dated 23.12.2009 passed by the Court below whereby the application of present petitioner/defendant No.3 preferred under Order 6 Rule 17 read with Section 151 C.P.C. is rejected. This Court entertained the petition and stayed further proceedings on 25.1.2010. Thereafter, proceedings of the Court below was held up.

(2.) THE plaintiff filed a suit for declaration (Annexure P-2). In turn, the defendant No.2 and 3 (present petitioners) filed their written statement. The suit was filed in the year 2001 and was pending before the trial Court for about nine years. The defendant No.3 filed the amendment application (Annexure P-4) on 17.11.2009. The said amendment was opposed by the other side by taking the stand that amendment is highly belated and an effort is made to fill up the lacuna.

(3.) SHRI Sameer Kumar Shrivastava, learned counsel for respondent No.1 submits that the pleadings proposed to be added by way of amendment were already there in the written statement of the petitioner/defendant No.3. He submits that in the pleadings, the litigant has to plead the material facts and law is not required to be pleaded. He submits that amendment application was made with a view to delay the proceedings and to a great extent the petitioner has succeeded in getting it delayed. Because of ex-parte interim order enjoyed by him for last more than three years proceedings before court below came to a stand still.