SHANTILAL Vs. RAMESH CHANDRA

JUDGEMENT

(1.) THIS petition is directed against the order dated 20.6.2015, whereby application of plaintiff preferred under Order 6 rule 17 CPC was allowed by Court below. Assailing this order, Shri Lahoti submits that amendment application was filed after commencement of the trial. In that event, the plaintiff was required to show due diligence. He submits that on framing of issues trial begins.

(2.) I have heard him at length.

(3.) THE impugned order shows that the plaintiff 's evidence has not begun. There is no material on record to show that plaintiff has filed affidavit under Order 18 rule 4 CPC. This Court in 2014(2) MPLJ 464 (Pratap v. Ganeshram and others) opined as under: -