MANISH KUMAR SAHU Vs. ANISH KHAN

JUDGEMENT

(1.) This petition has been filed by the petitioner/ plaintiff under Article 227 of the Constitution of India against the order dtd. 11/10/2017 passed by the Additional Judge to the Court of Civil Judge Class-I, Pipariya, District Hoshangabad in Civil Suit No. 1-A/2012 whereby the application filed by the respondent/defendants has been allowed.

(2.) Learned counsel for the petitioner has vehemently argued that the suit was filed by the petitioner/plaintiff in the year 2012 in which written statement was filed on 9/2/2012 and subsequently an application under Order 6 rule 17 of CPC was filed by the respondent/defendants on 7/9/2017 wherein it was mentioned that on minute observations of the written statement, the defendants came to know that due to mistake, they could not verify the pleadings in the written statement filed earlier and they sought amendment to the effect that they may be allowed to verify the pleading in the written statement. The aforesaid application has been allowed by the learned Judge of the trial Court by the impugned order despite holding that the aforesaid application has been filed after undue delay and without assigning any reason.

(3.) Learned counsel for the petitioner has submitted that under Order 6 rule 17 of CPC amendment of pleading is only allowed, whereas in the present case the defendants had sought verification of the pleadings and for that also no sufficient has been assigned.