SON KUNWAR BAI Vs. INDRA BAI

JUDGEMENT

(1.) By this second appeal presented under Sec. 100, C.P.C., by the defendant, a challenge has been made to the correctness of the judgement and decree dated 7th Jan., 1981 passed by the District Judge, Rajnandgaon'. While admitting the appeal on 20-7-1981, this Court framed the following substantial question of law:

(2.) The respondent/plaintiff has filed a suit for declaration to the effect that the name recorded in the revenue papers of appellant be deleted.

(3.) The appellant/defendant though denying the plaints averments, has filed the written statement, yet thereafter remained absent allowing the trial Court to proceed ex parte against her. The respondent/plaintiff on the day preceding the date of judgment passed by the trial Court, i.e. 10-9-1979 moved an application under Order 6 rule 17, C.P.C. for amending the plaint. The trial Court on the same day allowed the amendment sought for without issuing notice or affording any opportunity to the appellant-defendant and on the next day, i.e., 11-9-1979, delivered the judgment.