SANDEEP Vs. SUNITA

JUDGEMENT

(1.) The petitioner before this Court has filed this present writ petition being aggrieved by the order dated 16/5/2017 passed in Civil Suit No. 12A/2015 by the learned Additional District Judge, Neemuch. The learned Judge has allowed the application preferred under Order 6 R. 17 of the Code of Civil Procedure, 1908.

(2.) Facts of the case reveal that the respondent No.1 who is plaintiff before the trial Court has filed a suit for partition against the petitioner in respect of the property mentioned in the plaint and the same was registered as Civil Suit No. 12A/2015. Learned counsel for the petitioner has argued before this Court that the property was being claimed on the basis of a Will and issues were framed in the matter and examination of witnesses started before the trial Court. Thereafter, an application for amendment was filed and the same has been allowed.

(3.) Learned counsel for the petitioner has argued before this Court that after commencement of the trial, by no stretch of imagination, the application for amendment could not have been allowed.