RAMESH CHANDRA PAL Vs. DILLIP PAL

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 30/11/2023 (Annexure-1) passed by learned Senior Civil Judge, Jaleswar in C.S. No.285 of 2020 is under challenge in this CMP, whereby an application under Order VI Rule 17 C.P.C. filed by the Plaintiffs-Opposite Parties has been allowed.

(3.) Mr. Sahoo, learned counsel for the Petitioner submits that the Plaintiffs-Opposite Parties had filed an application under Order VI Rule 17 C.P.C. to amend the prayer of the plaint by incorporating the declaration with regard to RSD No.1010150041 dtd. 13/1/2015 along with Mutation R.O.R. Khata No.106/47 to be void, illegal, inoperative and not binding on them and also incorporation of certain other reliefs. It is her submission that application under Order VI Rule 17 C.P.C. was filed after closure of the evidence from the side of the Plaintiffs-Opposite Parties and examination of three witnesses on behalf of the Defendant-Petitioner. Learned trial Court although held that application of the Plaintiffs lacked due diligence, but allowed the application in the interest of justice and to avoid multiplicity of litigation. Such a finding is not sustainable in the eyes of law in view of the mandatory provision of proviso to Order VI Rule 17 C.P.C. Hence, he prays for setting aside the impugned order under Annexure-1.