GEETA DEVI Vs. BHAGWATI DEVI

JUDGEMENT

(1.) THIS petition is linked with W.P. No. 6457/11. This Court has dismissed the said petition today.

(2.) IN the present case, the petitioner/defendant No.3 has filed an application under Order 6 Rule 17 CPC. The application is based on the application filed by defendant No.1 (petitioner in W.P.No.6457/11). The said application is preferred under Order 18 Rule 17 CPC for recalling the plaintiff for cross -examination. This Court has rejected the said petition, wherein prayer was made to recall the plaintiff for cross -examination. In the present matter, the Court below has rejected the amendment application on the ground that the matter was at the stage of final hearing. If amendment is allowed at this stage, it will cause prejudice to the other side. It is an attempt to delay the proceedings.

(3.) IN the opinion of this Court, once the foundation for filing application Annexure P -6 goes, no fault can be found in the impugned order. In other words, the application for amendment dated 15.11.2011 (Annexure P -6) is based on an application preferred under Order 18 Rule 17 CPC by the defendant No.1. Petition arising out of said application under Order 18 Rule 17 is dismissed by this Court. Thus, there is no justification in entertaining this petition.