GANESH SINGH Vs. SURENDRA SINGH & ORS

JUDGEMENT

(1.) Heard the learned counsel, Mr. Nagendra Rai, for the petitioner and the learned counsel, Mr. Vijay Kumar Srivastava, for the respondent.

(2.) By the impugned order dated 18th Feb., 2014 by which learned Munsif - III, Chapra rejected the amendment filed by the plaintiff in title suit No. 77 of 1992.

(3.) From perusal of the impugned order, it appears that the Court below has applied Proviso to Order 6, Rule 17 of the code of Civil Procedure and rejected the amendment application without considering the fact that the suit is of the year 1992 and in view of the decision of the Hon'ble Supreme Court reported in 2007 (1) PLJR 765 and 2009 (12) 689, the Proviso to Order 6, Rule 17 will not apply in case of the pleadings filed prior to 1st of July, 2002.