KIRAN SONI Vs. HAR GOVIND @ HAR GOVIND SONI

JUDGEMENT

(1.) WITH consent of learned counsel for the parties, the matter is finally heard.

(2.) ORDER dated 16.8.2013 passed in Civil Suit No. 118 -A/2011 by First Additional District Judge, Hoshangabad is being assailed by the petitioner; whereby, an application under Order 6 Rule 17, Code of Civil Procedure, 1908 for amending the plaint has been rejected.

(3.) FACTS brought on record reveals that in the civil suit on 25.1.2005 the Trial Court directed for affixing ad valorem court fee as per the consideration in sale agreement. The order was challenged in W.P. No. 2139/2005 which was permitted to be withdrawn on 3.7.2006 with liberty to the plaintiff to file appropriate application seeking the additional relief/correcting the relief of permanent injunction. The petitioner thereafter filed an application for amendment of plaint which was turned down on 20.2.2008 on the ground that the plaintiff had failed to comply with the direction dated 25.1.2005. The order was assailed in W.P. No. 3558/2008; wherein, the matter was remitted by order dated 13.7.2008, by setting aside the order dated 25.1.2005 and 20.2.2008 for deciding the same on merit.