SHASHI BHUSHAN KUMAR Vs. RAVI BHUSHAN PRASAD

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India has been filed by the petitioner for quashing the order dated 05.09.2018 passed in Title Suit No.167 of 2017 by the learned Sub-Judge-V, Patna City whereby he has allowed the petition filed by the respondent no.1 plaintiff under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure (for short 'CPC')

(2.) Learned counsel appearing for the petitioner has submitted that the order impugned is wholly illegal, arbitrary and unjust. The court below has not applied its judicial mind and has passed the order impugned mechanically. He contended that no reason has been assigned by the court below for allowing the application filed by the petitioner.

(3.) Per contra, learned counsel appearing for the respondent plaintiff submitted that there is no error in the order passed by the court below. The trial court has stated in its order that the amendment petition is filed in time. It has also given a finding that the objection raised by the defendants is frivolous. The objection has been raised only in order to delay the disposal of the suit.