HINDUSTAN ENGINEERING Vs. LANXESS INDIA PVT LTD

JUDGEMENT

(1.) The petitioner/plaintiff has preferred this writ petition challenging the order dated 28/02/2015 (Annexure P/1) passed by V Civil Judge, Class -I, Gwalior in Civil Suit No.17 - B/2014, whereby the application under Order VI Rule 17 CPC preferred by the petitioner/plaintiff has been dismissed.

(2.) The main contention of the petitioner is that the petitioner/plaintiff has filed suit for recovery of certain amount from the respondent/defendant and after notices, written statement was filed by the respondent/defendant, wherein, the defendant has pleaded regarding the payment of outstanding to the plaintiff and doubted the amount to be paid. In response to the said written statement, plaintiff has moved an application under Order VI Rule 17 CPC for amendment of the plaint to the extent that plaintiff sought addition of certain pleadings in response to written statement filed by the defendant/respondent.

(3.) The amendment was sought in the plaint at pre -trial stage.