SUSHILA DEVI Vs. BANWARILAL JAIN

JUDGEMENT

(1.) HEARD on admission. This petition filed under Article 227 of the Constitution is directed against the order dated 10.12.2013 passed in Original Civil Suit No. 29A/2010 by Second Additional District Judge, Morena.

(2.) I have heard learned counsel for the petitioner at length.

(3.) IN the light of aforesaid litmus test, laid down by Supreme Court interpreting the proviso to Order 6 Rule 17 CPC, it is clear that the party seeking amendment needs to show due diligence when application for amendment is filed after commencement of the trial. In the present case, no reasons are shown and, therefore, jurisdictional test is not satisfied by the petitioner before the trial court.