MUNNI BAI Vs. RAM DULARI

JUDGEMENT

(1.) THIS petition filed under Article 227 of Constitution of India assails the interlocutory order dated 01.04.2014 in civil suit no. 76A/2013 passed by Civil Judge, Class II Gwalior whereby an application under Order 6 Rule 17 CPC preferred by the plaintiff/respondent herein has been allowed.

(2.) LEARNED counsel for the petitioner is heard on the question of admission.

(3.) A close scrutiny of the impugned order indicates that the plaintiff wanted to bring on record, the plaint map, but on account of inadvertence, could not do so earlier. The trial Court further recorded the findings that though the said amendment could have been brought forth earlier, but since the Court found that the said amendment shall not change the basic nature of suit and would be helpful in adjudication of the matter, the amendment sought by the plaintiff was allowed.