JAWALI DEVI Vs. SALINDER SINGH

JUDGEMENT

(1.) THIS revision has been filed by the petitioners challenging the order of the learned Civil Judge (Senior Division), Nahan, rejecting an application under Order VI Rule 17 of the Code of Civil Procedure, moved by the petitioner ­ plaintiff for amendment of the plaint. The learned trial Court, on consideration of the facts before him, dismissed the application, holding that the amendment prayed for was not necessary and with the amendment of Order VI Rule 17, no amendment can be allowed. Learned trial Court has also made reference to Civil Revision 242 of 2003.

(2.) I have heard the learned counsel for the petitioners and gone through the record.

(3.) IN view of the express provision regarding applicability, there was as such no bar to the entertainment or the allowing of the application for amendment as the pleadings had been filed before the commencement of the Amendment Act as notified vide notification No. 80604(E) dated 6.6.2002.