RAM VISHAL LADHIYA Vs. BHAIYALAL

JUDGEMENT

(1.) The challenge in this petition is made to the order dated 18.12.2014 whereby an application preferred by the petitioner/plaintiff under Order 6 rule 17 CPC is disallowed by the court below by stating that the amendment is filed after long delay, there is no explanation furnished by the plaintiff for such delay, by way of amendment the plaintiff intends to implead certain more persons as defendant for which their exists a separate provision, namely, Order 1 rule 10 CPC and the Civil Suit No.111-A/80 was decided on the basis of settlement between the parties. The plaintiff was party to said settlement and, therefore, he cannot take a different stand in the present case.

(2.) This order was criticized by Smt. Arora by contending that the suit was at the initial stage. Even issues are not framed. Thus amendment application should have been dealt with leniently. She fairly submits that petitioner is not pressing on the point of impleadment for which she will file a separate application under Order 1 rule 10 CPC. She submits that merits of amendment application cannot be gone into at this stage.

(3.) Shri Ravendra Shukla, counsel for respondent supported the impugned order.