LAWS(P&H)-2017-7-200

RANBIR SINGH Vs. BHUPINDER KAUR AND ANOTHER

Decided On July 26, 2017
RANBIR SINGH Appellant
V/S
Bhupinder Kaur And Another Respondents

JUDGEMENT

(1.) Instant civil revision petition, under Article 227 of the Constitution of India at the hands of plaintiff, is directed against the order dated 03.07.2017 passed by the learned trial Court, whereby his application for amendment in the plaint, at the stage of rebuttal evidence, was dismissed.

(2.) Heard learned counsel for the petitioner.

(3.) Learned counsel for the petitioner, at the very outset, fairly conceded that it is a matter of record that suit was at the stage of rebuttal evidence, when the application under Order 6, Rule 17 read with Section 151 of the Code of Civil Procedure ('CPC' for short) was moved by the petitioner, seeking amendment in his plaint. However, he tried to justify filing the application for amendment in the plaint at a belated stage on the ground that the petitioner wanted to incorporate some later events, which took place during pendency of the suit. If such an argument is accepted and amendment is permitted at the stage of rebuttal evidence, then it would be an unending exercise. Suit filed by the petitioner-plaintiff is pending for the last more than nine years. Having said that, this Court feels no hesitation to conclude that the learned trial Court was well within its jurisdiction to pass the impugned order and the same deserves to be upheld.