(1.) Petitioner-plaintiff, Om Prakash, filed a suit for declaration and in junction in the Court of Sub-Judge, Katra. During the pendency, he filed an application for permitting him to amend the plaint, came to be granted with the direction to file the amended plaint within the time frame but failed to do so within the time frame. He filed an application in terms of Section 148 of the Civil Procedure Code (for short "Code") for extension of time for. doing the needful.
(2.) Defendant-non-applicant-respondent resisted the petition on the grounds taken in the objections.
(3.) The trial Court dismissed the application and held that right of filing amended plaint within the time frame had come to an end and time cannot be extended in terms of Order 6 Rule 18 of the Code or Section 148 of the Code. Feeling aggrieved, petitioner plaintiff by the medium of this petition has challenged the order dated 29th May, 2006 where under the application came to be dismissed (for short "impugned order").
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