VIVEK KUMAR MISHRA Vs. HARI SHANKAR MISHRA

JUDGEMENT

(1.) With consent, petition is heard finally.

(2.) This petition under Article 227 of the Constitution of India is directed against the order dtd. 21/1/2013 passed in Civil Suit No. 44­A/98 by IIIrd Additional District Judge, whereby an application under Order 6 Rule 17, Code of Civil Procedure, 1908 filed by the petitioner seeking amendment in the suit plaint has been rejected on the ground that the petitioner has failed to establish that despite of due diligence the amendment could not be incorporated at the early stage of suit.

(3.) The suit at the instance of the petitioner is for declaration, partition and permanent injunction in respect of Araji No. 4 /674/2/2 admeasuring 8 acres village Badekhar and Araji No. 997/3 area 0.07 acre village Badekhar. That, in suit respondent No. 7 was impleaded as defendant in the year 2007. That after the petitioner had closed his evidence and when the defendants have led their evidence, petitioner filed an application on 8/11/2012 seeking amendment in the suit plaint, proposing incorporation of paragraph 13 A questioning the transaction of part of suit land admeasuring 60 x 40 = 2400 sq. ft vide gift deed dtd. 24/6/1996 by defendant No. 5 in favour of defendant No. 7.