BIRENDRA BESHRA Vs. BUDUJ

JUDGEMENT

(1.) IN this writ application, the plaintiff of C.S. No. 217 of 2003 as petitioner challenges the order dated 22.11.2006 passed by the learned Civil Judge (Senior Division), Baripada, rejecting the prayer for amendment of the plaint.

(2.) THE amendment of the plaint in essence is sought to introduce the matter of reduction of the factum of adoption of plaintiff by husband of defendant Nos. 1 and 2 and father of defendant Nos. 3 and 4 on 1.03.1954. This amendment petition was filed on 14.11.2006 in the suit of the year 2003 and that too after examination of one witness from the side of the plaintiff.

(3.) LEARNED counsel for the petitioner submitted placing reliance in case of Baldev Singh and others vrs. Monohar Singh and another;, 2006 (II) CLR (SC) 637 that the provision brought in by amendment of Code of Civil Procedure precluding the parties from bringing amendments in the pleadings after commencement of trial have to be understood in limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing argument. According to him, the trial court has not properly understood the ratio of the decision and has held that such amendment is not permissible in the midst of hearing. He further contended that the trial court ought not to have resorted to the exercise of going to examine the veracity of the said pleading with regard to the document at that stage and that according to him is not permissible in law which has rather touched the merit of the case which stands to be ultimately gone into for being decided. His contention is that even in case of rejection, such exercise ought not to have been undertaken. Thus, he submitted that when the amendment is not going to change the nature and character of the suit and it is also not causing any surprise to the defendants as factum of adoption was earlier pleaded, the trial court's order rejecting the prayer for amendment is a flawed one and it would prevent the petitioner to necessary evidence for just a decision.