FATEH SINGH Vs. RAMBARAN LAL

JUDGEMENT

(1.) IN this petition filed under Article 227 of the Constitution, the challenge is made to the order dated 05.11.2012 passed in Civil Suit No. 15/12A passed by Ist Civil Judge Class I , Morena.

(2.) IN a suit for permanent injunction filed in the year 2005 by the respondent / plaintiff, written statement was filed by the petitioner / defendant. Issues were framed and the plaintiff completed his evidence Thereafter matter was fixed for defendant's evidence. At this stage on 21.10.2011 an application (Annexure P/5) under Order 6 Rule 17 C.P.C. is filed by the respondent / plaintiff. Same was opposed by the petitioner by filing detailed reply. The Court below allowed the said amendment application by imposing Rs. 200/ - cost on the plaintiff. Assailing this order, it is contended that the amendment application is filed after almost six years from the date of institution of this suit. No reasons are assigned in the amendment application for filing it belatedly. In absence of showing " due diligence", the Court below has no jurisdiction to allow amendment application. In addition, it is contended that amendment is not based on subsequent events. If amendment is allowed, it will cause prejudice to the other side.

(3.) I have heard learned counsel for the parties and perused the record.