SHIVPRASAD Vs. CHANDRIKA PRASAD @ PAPPU AND OTHERS

JUDGEMENT

(1.) With the consent of the parties, finally heard.

(2.) This petition filed under Article 227 of the Constitution of India impugns the order dated 17.08.2017 whereby two applications preferred by the petitioner/plaintiff under Order 6, Rule 17 of the Code of Civil Procedure and Order 1, Rule 10 of the Code of Civil Procedure were disallowed by the Court below.

(3.) Learned counsel for the petitioner submits that the amendment application was filed even before framing of issues. This application filed at the initial stage is rejected on improper consideration which runs contrary to settled law. The amendment was clarificatory in nature and should have been allowed by the Court below. The rejection of application for impleadment is outcome of rejection of amendment application.