AJUDDI PRASAD Vs. GAJARI BAI & ANOTHER

JUDGEMENT

(1.) The challenge in this petition filed under Article 227 of the Constitution is made to the order dated 13-02-2017 (Annexure P/1) passed in Civil Suit No.37-A/13 whereby the application preferred under Order 6 Rule 17 of the CPC by the defendant is allowed by the Court below.

(2.) The main ground of attack to this order is that the amendment application was filed after commencement of trial. Earlier, an application of similar nature was filed on 17-06-2016, which was withdrawn as not pressed on 29-09-2016. The second application was preferred on the same ground which does not contain any reason for explaining the delay in filing the amendment application. It is urged that the respondent has not shown "due diligence" while belatedly filing the amendment application.

(3.) Per contra, Shri Dinesh Upadhyay, learned counsel for the respondents supported the impugned order. Shri Upadhyay contended that by way of amendment application, the defendant only wanted to produce certain judgments which will not change the nature of the case.