SUNANDA KAR Vs. SUDIP RATHA

JUDGEMENT

(1.) This writ application is directed against the order dated 30th April, 2005 passed by the learned Civil Judge (Senior Division), Pun in M. A. T. No. 227 of 2002 allowing an application for amendment of the plaint.

(2.) From the impugned order, it appears that the opposite party had initially filed a suit under Section 12 of the Hindu Marriage Act (hereinafter called 'the Act') for annulment of the marriage and the said suit was filed as the parties had not completed one year of marriage. During pendency of the said suit, certain developments took place and after three years of marriage, the present application under Order 6, Rule 17, C.P.C. for amendment of the plaint was filed to bring the suit within the purview of Section 13 of the Act and in order to bring the suit under Section 13 of the said Act, certain developments which are said to have taken place after filing of the suit under Section 12 were also pleaded.

(3.) The petitioner resisted the petition for amendment on the ground that a suit under Section 12 and a suit under Section 13 of the Act involve completely different questions and, therefore, there is hardly any scope for amendment of the plaint to the above extent. It was also contended by the learned counsel for the petitioner that the opposite party should withdraw the suit filed under Section 12 of the Act and file a fresh suit under Section 13 of the Act.