RAJARAM Vs. NAGAR PANCHAYAT, ANTRI & ANOTHER

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution takes exception to the order dated 8.9.2009, whereby application of the petitioner/plaintiff filed under Order 6 Rule 17 is disallowed.

(2.) The court below has disallowed the application by holding that the facts mentioned in proposed amendment application were known to the plaintiff since beginning. Thus, these pleadings could have been mentioned in the plaint itself. The events mentioned in amendment application are not subsequent events. Hence, the amendment application is disallowed.

(3.) The order sheet shows that matter was posted for evidence on 21.9.2009. However, during the course of argument, learned counsel for the parties are unable to show whether trial had commenced when amendment application was filed. Unfortunately, the court below has also not given any finding in this regard.