KAILASH SINGH Vs. BUNDEL SINGH

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution is directed against the order of Civil Judge, Class -II Vidisha in Case No. 3 -A/2010 (CS). By impugned order dated 19.7.2012, the Court below has rejected the amendment application filed by the petitioner/plaintiff.

(2.) SHRI Prashant Sharma, learned counsel for the petitioner submits that the amendment application under Order 6, Rule 17 C.P.C. was filed at the stage when issues were already framed and matter was fixed for evidence. He submits that the amendment was necessary for adjudication of the matter. If amendment is allowed, no prejudice would be caused to the other side. In support of his submissions, he relied on the following judgments: -

(3.) PER contra Shri P.K.Chaturvedi and Shri B.Raj Pandey, learned counsel for the other side, supported the order passed by the Court below.