PARASRAM SINGH Vs. RAKESH KUMAR AND OTHERS

JUDGEMENT

(1.) This petition under Article 227 of Constitution of India assails the interlocutory order dated 15.9. 2011 passed in Civil Suit No. 2A/2010 by 4th Civil Judge Class II Morena whereby an application preferred by plaintiff/respondent herein filed under Order 6 Rule 17 for amendment has been allowed thereby impelling the defendant/petitioner herein to file this petition.

(2.) Learned counsel for the rival parties are heard.

(3.) The primary contention of learned counsel for the petitioner is that earlier by an interlocutory order dated 26.4. 2011 the same prayer was rejected by the trial Court on the ground of plaintiff having failed to produce cogent document in support of the amendment and since in the subsequent application which has been allowed by the impugned order no new evidence was brought forth by the plaintiff, it is urged that subsequent application ought not to have been allowed.