BHARAT KAUSHIK Vs. ASHOK KUMAR GULATI AND ORS.

JUDGEMENT

(1.) THE plaintiff -petitioner has a grievance that a plea raised by him under Order 6 Rule 17 read with Section 151 C.P.C. for obtaining the leave of the Court to delete one particular averment had been inappropriately declined by the learned Trial Court.

(2.) THROUGH the declined plea, the plaintiff -petitioner wanted the leave of the Court to delete an averment that the payment of an amount of Rs. 15 lacs had been made by him against a receipt.

(3.) IN support of the plea, that an amendment for withdrawal of an admission of fact can also be allowed, learned Counsel relies upon Panchodev Narain Srivastava v. : AIR1983SC462 wherein the Apex Court held as under: