HARDEV SINGH Vs. LAL SINGH

JUDGEMENT

(1.) The present revision petition has been filed challenging the impugned order dtd. 18/5/2018 (Annexure P-7) dismissing the application filed under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC) for amendment of the plaint.

(2.) The brief facts relevant to the present lis are that the plaintiffpetitioner initially filed a suit for permanent injunction for restraining the defendant-respondents from illegally interfering, disturbing or taking forcible possession of the property in dispute. Subsequently, at the time when the case was fixed for the evidence of the plaintiff-petitioner, an application was filed for amendment of the plaint. The application was contested by the defendantrespondents and vide the impugned order dtd. 18/5/2018 (Annexure P-7) the said application was dismissed.

(3.) Learned counsel for the plaintiff-petitioner would contend that there is no reasoning forthcoming in the impugned order for dismissal of the application except the reason that it has been filed after the commencement of the trial and that it would amount to wastage of court time. 3. Per contra, learned counsel for defendant-respondent Nos.1 and has contended that a number of opportunities were granted and instead of leading his evidence, the present application for amendment of the plaint was filed. Heard.