NAND LAL VOHRA Vs. SANDEEP KUMAR GUPTA

JUDGEMENT

(1.) Present revision petition, at the hands of defendant, is directed against the impugned order dated 1.12.2016 (Annexure P-5) passed by learned trial court, whereby application under Order 6, Rule 17 of the Code of Civil Procedure moved by the plaintiff-respondent, seeking amendment in the plaint, was allowed.

(2.) Learned counsel for the petitioner submits that amendment sought was not only belated but was also not necessary. Document dated 13.11.1998 was not at all relevant for the purpose of decision of the suit. He further submits that authenticity of the document was also in serious doubt. However, since learned trial court failed to appreciate these basic aspects of the matter, while passing the impugned order, the same has caused a manifest injustice to the petitioner. He prays for allowing the present revision petition, by setting aside the impugned order.

(3.) Having heard learned counsel for the petitioner at considerable length, after careful perusal of record of the case and giving thoughtful consideration to the contentions raised, this Court is of the considered opinion that keeping in view the peculiar facts and circumstances of the case, the impugned order has not been found suffering from any patent illegality. Revision petition is without any merit and the same is liable to be dismissed, for the following more than one reasons.