SARASWATI SHJIKSHA SAMITI Vs. MUNNALAL RAJENDRA & ANOTHER

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution, challenges the order dated 27 03 2008 (Annexure P 1), whereby the application of the plaintiff respondent No.1 preferred under Order 6 Rule 17 CPC is allowed by the Court below.

(2.) The plaintiff respondent No.1 filed a suit for declaration and permanent injunction. At the stage of final hearing, the plaintiff filed an application under Order 6 Rule 17 CPC ( Annexure P 5). It is stated in the said application that during pendency of the suit, defendant petitioner has illegally constructed certain portion which needs to be demolished. A direction is prayed for, in this regard. The said amendment application is opposed on singular ground that the matter is posted for final hearing and at this stage, the application is filed in order to delay the proceedings. The Court below by the impugned order has allowed the application by holding that the amendment is based on subsequent event. That amendment is necessary for lawful adjudication of the controversy.

(3.) Learned Senior Counsel appearing on behalf of the petitioner criticizes the impugned order and submits that the Court below has erred in allowing the amendment application in the fag end of suit proceedings. It is further argued that the Court below has not considered the proviso to Order 6 Rule 17 CPC.