UMASHANKAR Vs. MAYADEVI

JUDGEMENT

(1.) THIS revision petition, presented under Section 115 of the Code of Civil Procedure (for short the 'Code') is directed against the order dated 25.8.92 passed by the Third Addl. Judge to the Court of District Judge, Ujjain in Hindu Marriage Case No. 70 -A/90 thereby substantially rejecting the application moved under Order 6 Rule ) 7 of the Code.

(2.) BRIEFLY stated, the facts of the case are that the husband (the petitioner) filed the petition Under Section 13 of the Hindu Marriage Act seeking dissolution of marriage by a decree of divorce on the ground of desertion and cruelty. The petition was resisted by the non -applicant. On closure of evidence, the petitioner submitted an application under Order 6 Rule 17of the Code seeking leave to amend the application for incorporation of the plea of ailment i.e. epilepsy. The Trial Court accepted the application only partly, as regards the alteration of 13 to 14 and rejected the remaining portion as contained in the application. Aggrieved by this order, the petitioner has filed this revision.

(3.) BY consent of the parties, this revision petition was taken up for final hearing today.