JASVIR SINGH Vs. JOGINDER SINGH AND ORS.

JUDGEMENT

(1.) PETITIONER has filed this petition challenging the order dated 28.07.2014, whereby application moved by the respondent No. 1 under Order 6 Rule 17 of Code of Civil Procedure, 1908 ('CPC' for short) for permission to amend the plaint, was allowed.

(2.) LEARNED counsel for the petitioner has submitted that trial had already commenced and the plaintiff could not be permitted to amend the plaint. Infact, amendment was sought after both the parties had led their evidence. Learned counsel has further submitted that the amendment now sought by the plaintiff was already in his knowledge and the application moved by the plaintiff was liable to be dismissed. The relief now claimed by the plaintiff by way of amendment was time barred.

(3.) LEARNED counsel for the respondent No. 1, on the other hand has opposed the petition and has submitted that respondent No. 1 had concluded his evidence on 18.09.2014. Learned counsel has further submitted that relief now sought by the plaintiff by way of amendment was necessary to be claimed by the plaintiff and the trial Court had rightly allowed the application moved by the plaintiff under Order 6 Rule 17 CPC.