LAWS(MPH)-2013-4-270

GAJANAN RAO Vs. SHASHIKALAN SHARMA AND OTHERS

Decided On April 30, 2013
Gajanan Rao Appellant
V/S
Shashikalan Sharma And Others Respondents

JUDGEMENT

(1.) The petitioner feeling aggrieved with the order dated 14.08.2012 preferred this petition under Article 227 of the Constitution. The petitioner/plaintiff preferred an application under Order 6 Rule 17, CPC, with a prayer that during pendency of the suit, the defendants No. 1 to 3 have constructed a projection (Chhajja) on a particular wall and, therefore, it is necessary to amend the suit with the modified relief that the said projection be directed to be removed by the defendants No. 1 to 3 on their own costs.

(2.) Shri B. Raj Pandey, learned counsel for the petitioner submits that although this amendment was prayed when the suit was at the stage of final hearing, but it was necessary for the lawful adjudication of the matter. He submits that the Court below has erred in rejecting the said application.

(3.) Per Contra, Shri Sanjay K. Mishra, learned counsel for the respondents No. 1 to 3, supported the order passed by the Court below and submits that the Court below has not committed any error of law which warrants interference by this Court under Article 227 of the Constitution.