DEEWAN SINGH Vs. RAMNIWAS

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution, takes exception to the order dated 11.9.2013, whereby the application filed by the petitioner/plaintiff under Order 6 Rule 17, CPC, is rejected by the court below.

(2.) THE plaintiff filed a suit for specific performance of contract. During pendency of suit, he filed said amendment application under Order 6 Rule 17 CPC on 30.8.2013 (Annexure P/6). Admittedly, said application was filed after commencement of the trial. The court below rejected this application on the ground that under Order 6 Rule 17, a proviso has been inserted w.e.f. 2002. As per this proviso, the amendment after commencement of trial can be entertained only when due diligence in belatedly filing the said application is shown. Since the petitioner has not shown any due diligence, the amendment was disallowed.

(3.) THE said order is attacked by the petitioner on the singular ground that as per section 22 of the Specific Relief Act, 1963 (for short, the 'Act'), the court below should have allowed the amendment application.