HARIVANSH Vs. ARVIND KUMAR

JUDGEMENT

(1.) This writ petition under Art. 227 of the Constitution of India by defendant is directed against the order dated 10/02/2015 passed in civil suit No.9A/2013 by the trial Court. The trial Court has allowed the application under Order 6, Rule 17 Civil Procedure Code filed by the plaintiff.

(2.) Learned counsel for the defendant/petitioner has made the following submissions:

(3.) It is submitted that the aforesaid explanation as regards discovery of the documents is a fabricated one having no factual foundation. Once the suit is filed on the strength of the 'will' dated 08/04/1994 allegedly propounded by late Nathmal, as late Nathmal was owner of the suit property by virtue of sale deeds dated 25/11/1940 and 26/11/1940, no further elaboration was required seeking incorporation of the proposed amendment. As a matter of fact, the aforesaid amendment application is filed to misuse the process of law as the suit is pending since 06/02/2012 and so far, the evidence has not been completed though more than four years period has passed by. Under such circumstances, the amendment being not relevant for decision in the suit, the amendment application ought to have been dismissed by the trial Court. That having been not done, the trial Court has committed grave illegality warranting interference by this Court under Art. 227 of the Constitution of India.