SAYED ALI MALLICK Vs. RAMJAN ALI

JUDGEMENT

(1.) FOR the petitioners.

(2.) NONE appears for the opposite parties in spite of service of notice. Affidavit-ofservice filed in Court today be kept with the record.

(3.) WITH regard to the issue as to the stage of proceeding at which the amendment has been sought for, Mr. Bhattacharya submitted that the trial in the instant case has not commenced, therefore, the proviso to Order VI, Rule 17 of the Code of Civil Procedure does not get attracted. He submitted that it is only upon the filing of affidavit-evidence that the trial in a civil case commences for the purpose of the aforesaid proviso. In support of his contention he relies the following decisions (i) 2006(6) S.C.C. 498; (ii) 2009(2) S.C.C. 409, (iii) 2011(12) S.C.C. 268 and (iv) AIR 2007 Del 48.