MANOHAR SINGH Vs. SMT. DAMINI MAHADIK

JUDGEMENT

(1.) This Petition under Article 227 of the Constitution of India is directed against the order dated 08/11/2017 passed in Civil Suit No. 5-A/2016 bZnh-whereby, the trial Court has allowed the application under Order 6, Rule 17 Code of Civil Procedure, 1908, filed by the respondents/plaintiffs seeking incorporation of additional facts in the plaint in consequence to the amendment by the defendant (present Petitioner) as paragraph 5-v in the written statement. The trial Court allowed the application on the finding that the same will not change the nature of suit which is for eviction and that the trial is yet to commence. The trial Court further observed that the defendant would be at liberty to contradict the amendment in his written statement.

(2.) The challenge is on the ground that the order is contrary to the provisions contained in the proviso to Rule 17 of Order 6 CPC, because with the framing of issues the trial had commenced, therefore, incumbent it was upon the plaintiffs to have tendered the explanation as warranted under proviso to Rule 17 of Order 6 CPC.

(3.) The proviso which has been relied upon stipulates:-