ANJALI SHIVHARE Vs. NITIN SHIVHARE

JUDGEMENT

(1.) BY filing this petition under Article 227 of the Constitution, the petitioner has challenged the order dated 3.9.2012 whereby the application preferred by the respondent under Order 6 Rule 17 CPC was allowed by the Court below.

(2.) THE main ground of attack to this order is that the issues were framed by the Court below on 25.8.2011, and therefore, trial commenced on that date. After commencement of the trial, the proviso to Order 6 Rule 17 CPC came into operation, and therefore, in absence of showing and establishing 'due diligence', Court below should not have allowed the application.

(3.) SHRI Prashant Sharma, learned counsel for the respondent supported the order on the basis of judgment of the Supreme Court in 2009(3) M.P.L.J. 122 (Vidyabai and others Vs. Padmalatha and another), (2011) 12 SCC 268 (State of Madhya Pradesh Vs. Union of India and another) and (2009) 10 SCC 84 (Revajeetu Builder and Developers Vs. Narayanaswamy and Sons and others).