AKSHAY KATOCH Vs. JAI SINGH

JUDGEMENT

(1.) This application (CMP No.10011 of 2022) has been preferred under Order 6 Rule 17 CPC read with Sec. 151 CPC for amending pleadings of application CMP(M) No. 446 of 2020 for insertion of Para 3-A in application filed for condonation of 112 days' delay in filing main appeal RSAST No. 20700 of 2020.

(2.) Applicants are practicing Advocates. Applicant No.1 is son of applicant No.2. They are conducting this case in person. Applicant No.2 is appearing for both applicants i.e. for himself as well as his son/applicant No.1 being holder of his Power of Attorney.

(3.) Claim of applicants is that due to inadvertent mistake, applicants could not plead the facts, stated in proposed addition by way of para 3-A, because applicants were under impression that limitation period had already been extended by the Supreme Court, whereas these facts are necessary to be pleaded in application to adjudicate the point of controversy involved in application filed for condonation of delay as well as appeal with further submissions that application for amendment is bonafide one and without any malafide intention for the reasons that proposed amendment is necessary for purpose of determining the real question in controversy involved in appeal and addition of proposed para 3-A is not going to cause loss or prejudice to other parties.