RAJINDER SINGH Vs. NARINDER KUMAR VERMA

JUDGEMENT

(1.) This revision petition is directed against the order dated 17th March, 1997 passed by the learned Additional Civil Judge (Senior Division), Ludhiana. Vide impugned order, the learned judge has allowed the application filed under Order 6 Rule 17 of C.P.C. for amendment of the plaint filed by the plaintiff.

(2.) Assailing the impugned order, the contention raised on behalf of the petitioner is that the amendment was barred by time, as such, the same could not have been allowed. It is further contended that the amendment has been filed at the belated stage and is beyond the scope of the suit. Reliance has been placed by the counsel for the petitioner on the cases of Radhika Devi v. Bajrangi Singh and Ors., A.I.R. 1996 Supreme Court 2358 and K. Raheja Constructions Limited v. Alliance Ministries and Ors., 1996(1) Civil Court Cases 80 (S.C.).

(3.) On the other hand, it is contended by the learned Counsel for the respondents that the amendment sought is for the subsequent event in the suit and only further relief has been prayed by way of amendment. It neither changes nor alter the case of the plaintiff already pleaded to the prejudice of the defendant- petitioner herein.