RAM MILAN GUPTA Vs. KANHAIYA LAL SONEJA

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution challenges the order dated 5.9.2013, whereby the application of the plaintiff preferred under Order 6 Rule 17 CPC is allowed by the court below.

(2.) SHRI P.C. Chandil, learned counsel for the petitioner/defendant assailed this order on the singular ground. He submits that the suit was filed in the year 2012. On 12.2.2013 issues were framed. Plaintiff deposed his statement on 15.5.2013 and, therefore, trial began before filing of amendment application (Annexure P/4), which was filed on 25.6.2013. Shri Chandil submits that by filing reply dated 4.7.2013 (Annexure P/5), the petitioner raised a specific objection that after amendment in the proviso to Order 6 Rule 17 CPC, the amendment cannot be mechanically allowed. One must satisfy that he has shown due diligence in belatedly filing the application. On this ground interference is prayed for.

(3.) I have heard learned counsel for the parties and perused the record.