GAJALAXMI CHHOTRAY Vs. TRIPTY DRINKS (PVT ) LTD

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner has prayed, inter alia, to quash the order dated 8.7.2004 passed by the learned Civil Judge (Senior Division), Khurda in T.S. No.205 of 2001. By the said order, the learned trial court rejected the application filed by the plaintiff-petitioner under Order 6 Rule 17 CPC to amend the plaint.

(2.) The petitioner as plaintiff instituted a suit impleading the present opposite parties as defendants for decree of damages to the tune of Rs.11,24,000/- along with interest @ 18% per annum in the court of learned Civil Judge (Senior Division), Khurda, which is registered as T.S. No.205 of 2001. After hearing was concluded, the suit was posted to 1.7.2004 for delivery of judgment. At this juncture, the petitioner filed an application under Order 6 Rule 17 CPC on 30.6.2004 to amend the plaint. In an elaborate order, the learned trial court rejected the application for amendment.

(3.) Heard Mr. Soumya Mishra, learned Advocate on behalf of Mr. S.P.Mishra, learned Senior Advocate appearing on behalf of the petitioner and Mrs. Padmaja Pattnaik, learned Advocate for the opposite party no.1.