LAWS(P&H)-2013-3-282

RAMESHWAR Vs. BANWARI & ORS.

Decided On March 13, 2013
RAMESHWAR Appellant
V/S
Banwari And Ors. Respondents

JUDGEMENT

(1.) (Oral) - Present revision petition is directed against the order passed by court below whereby application for amendment of plaint has been allowed.

(2.) Learned counsel for the petitioner has argued that plaintiff did not take steps to effect service on some of the defendants. Suit remained pending for 3 years. Instant application was moved under Order 6 Rule 17 Code of Civil Procedure to delete defendants no. 2 to 12. Trial court has erroneously allowed the same. Prayer being in the nature of Order 1 Rule 10 Civil Procedure Code, same could not have been allowed under Order 6 Rule 17.

(3.) I have heard learned counsel for the petitioner.