GANGARAM Vs. RAKESH KUMAR GUPTA

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution is directed against the order dated 08.12.2009, whereby the Court below has rejected the application preferred by the petitioner / plaintiff under Order 6 Rule 17 C.P.C. The said case was registered as case No. 17A/2009.

(2.) THE plaintiff filed a suit for declaration and permanent injunction on 14.08.2003. At the stage when matter was fixed by the Court below for plaintiff's evidence, an amendment application (Annexure P/ 5) was filed on 17.03.2008. The said application is running in seven pages and bare perusal of the application shows that plaintiff / petitioner has prayed for drastic amendment in the plaint. Defendant / respondent filed its reply (Annexure P/6) and opposed the said amendment.

(3.) SHRI Ajit Sharma, learned counsel for the respondent, supported the order passed by the court below. He relied on his reply to the amendment application (Annexure P/6) to bolster his submission.