HARISHANKAR BANDIL Vs. SMT. SAROJ DEVI AND OTHERS

JUDGEMENT

(1.) With the consent of the parties matter is heard finally. In this petition under Article 227 of the Constitution of India, the petitioner has challenged the validity of order dated 26.09.2015, by which an application preferred by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure has been already been dismissed.

(2.) I have heard the learned counsel for the parties and perused the record. From perusal of the record, it is evident that the original respondent had filed the suit seeking relief of the eviction on the grounds connected under Section 12 (1) of M.P. Accommodation Control Act, 1961. The defendant filed a written statement. The trial Court framed the issues. When the case was fixed for cross - examination of the plaintiff witnesses, the petitioner filed an application for amendment in the written statement by which plea was sought to be incorporated that there is a dispute amongst co - owners and the suit suffers from vice of the non - joinder of the necessary parties. The aforesaid application has been rejected by the trial Court on the ground of delay. It is well settled in law that an application for amendment cannot be rejected on the ground of delay alone [See 2009(6) SCC 629]. The aforesaid aspect of the matter has not been appreciated by the Trial Court. The impugned order therefore suffers from the error apparent on the face of the record. It is accordingly quashed. The application under Order 6 Rule 17 of the Code of Civil Procedure is allowed. Needless to state that the respondent No.2 would be at liberty to file an application for consequential amendment. Since the civil suit is pending since 1999, the trial Court make endeavor to conclude the proceedings of the suit as expeditiously and preferably within a period of six months from the date of receipt of certified copy of the order passed today and shall not granted any necessary adjournment to the petitioner. The petitioner shall also cooperate with the Trial Court for early decision of suit.

(3.) With the aforesaid directions, the writ petition is disposed of . Certified copy as per rules.