DHARAM PAL SHARMA Vs. BACHNI DEVI AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed against the rejection of application moved by the plaintiff-petitioner seeking disposal of application dated 11.5.2006 filed by the petitioner-plaintiff under Order 6 Rule 17 CPC for amendment of the plaint. The plaintiff had filed this application for amendment of the plaint by amending heading mentioning the name of Bachni to Prem Lata on 29.4.2004. The said application was allowed and amended plaint was brought on record. It seems that subsequent to the first amendment, the petitioner moved another application under Order 6 Rule 17 on 11.5.1995. It was not pressed by the petitioner either at the time when issues were framed or at the time of leading evidence. It was only when the case was fixed at final stage that the petitioner moved an application for disposing of the said application which according to the petitioner was pending in court since 11.5.1995. Learned court below by relying upon the judgment of this Court in Ram Chand Premi v. Nawab Kaur 2204 (2) CCC 188 came to the conclusion that the said application would be deemed to have not been pressed. There is no error in exercise of the jurisdiction by the courts below which may call for interference by this Court under Article 227 of the Constitution of India.

(2.) This revision petition is dismissed.