PARASCHAND Vs. RAO RAJENDRA SINGH

JUDGEMENT

(1.) The present writ petition has been filed under Article 227 of the Constitution of India against the order dated 19-2-2014 passed in COS No. 15-A/2012. By the aforesaid order, the trial Court has allowed the application for amendment preferred under Order 6, Rule 17 of Civil Procedure Code. The contention of the learned counsel for the petitioners is that the trial Court has erred in law and in fact in allowing the amendment application in spite of the fact that the trial Court has arrived at a conclusion that the plaintiff was having the knowledge of the facts which were mentioned in the amendment application and the plaintiff could have raised the matter before commencement of trial. Learned counsel for the petitioners has prayed for quashment of the aforesaid order.

(2.) On the other hand, learned Sr. Counsel appearing for the respondent has argued before this Court that the application for amendment has rightly been allowed by the trial Court, as in order to decide the controversy, the amendment was necessary.

(3.) Learned counsel for the parties have placed reliance upon a judgment delivered by the Apex Court in the case of Rajkumar Gurawara (Dead) Through L.Rs. v. S.K. Sarwagi and Company Private Ltd. and another, 2008 14 SCC 364 and have also placed reliance upon a judgment delivered by the Apex Court in the case of Usha Devi v. Rijwan Ahmad and ors., 2008 AIR(SC) 1147