GAUTAM DEY Vs. SHIB RATAN GOONKA

JUDGEMENT

(1.) The plaintiff's prayer for amendment of plaint as well as the application for injunction was allowed by the learned trial Judge on 4th May, 2007. The petitioner carried out the amendment in the plaint as per the provision contained in Order 6 Rule 18 of the Code of Civil Procedure within the prescribed period of time.

(2.) The petitioner, however, did not carry out such amendment in his application for injunction as per Order 6 Rule 18 of the Code of Civil Procedure. When the said mistake was detected, the petitioner filed an application under Section 5 of the Limitation Act for extension of time for carrying out such amendment in his application for injunction as per the provision contained in Order 6 Rule 18 of the Code of Civil Procedure.

(3.) The learned trial Judge rejected the petitioner's said application.