LAWS(P&H)-2013-8-917

RAJPAL Vs. RAGHBIR AND OTHERS

Decided On August 26, 2013
RAJPAL Appellant
V/S
Raghbir And Others Respondents

JUDGEMENT

(1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 31.07.2013 (Annexure P/3) passed by learned Civil Judge (Junior Division), Rohtak whereby the application moved by the petitioner under Order 6 Rule 17 read with Section 151 CPC for amendment of the plaint has been dismissed. Heard.

(2.) LEARNED counsel for the petitioner vehemently contended that the petitioner -plaintiff wants to amend the plaint qua the subsequent event to the effect that respondent no. 1/defendant no. 1 had filed an affidavit by forging the signatures of the petitioner.

(3.) IN view of judgment of Hon'ble Supreme Court in S. Malla Reddy vs. M/s. Future Builders Co -operative Housing Society and others, : 2013 (2) RCR (Civil) 957, where amendment sought after 13 years has been declined, I do not find any illegality or perversity in the impugned order. Dismissed.