JHUMARMALL JAIN Vs. ANANDI DEVI JALAN

JUDGEMENT

(1.) This Revision petition arises from the order dated 2.5.1990 passed by the learned Assistant District Judge No.l Kamrup, Guwahati in Title Suit No. 50/85 partly allowing the prayer of the proposed amendment of the written statement contained in amendment petition by the Petitioners/ Defendants on 20.3.1989 under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure. While passing the impugned Order, the learned Assistant District Judge observed as follows :

(2.) I have perused the proposed amendment of the written statement contained in the amendment petition. It is true that certain change of facts have been brought by the Petitioners/Defendants in their amendment petition.

(3.) On perusal of the amendment petition, written objection to it and also the impugned Order, I am of the view that some portions of the proposed amendment of the written statement, which the learned Court below rejected shall not cause any prejudice to the Plaintiff/Respondent, in asmuch as the proceedings contemplated under Order 10, CPC and Order 14, CPC relating to first hearing of the Suit as well as the framing of the issues are not yet commenced before the learned Court below :-