LAWS(P&H)-2013-11-14

ZORA SINGH Vs. NASIB SINGH

Decided On November 15, 2013
ZORA SINGH Appellant
V/S
NASIB SINGH Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 9.11.2011, passed by the trial court whereby it has rejected the prayer for amendment of plaint.

(2.) MR . Gupta, learned senior counsel for the petitioners has assailed the order. According to him, trial court has merely rejected the prayer due to long pendency of the suit. It has erroneously observed that amendment was time barred and would alter the version given in the plaint. According to him, impugned order is unsustainable.

(3.) THE trial court, however, came to the conclusion that plaintiffs had failed to show that they had acted with due diligence. Besides, application was highly belated which would render the suit time barred. It, thus, dismissed the application.