SHANKAR LAL Vs. KHYALI RAM AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against the order dtd.8.7.2008 passed by the learned MACT, Sri Ganganagar rejecting the application of the non -applicant - owner of the vehicle under Order 6 Rule 17 C.P.C. seeking to amend the pleadings of the reply during the course of evidence being recorded by the learned Tribunal.

(2.) The learned Tribunal has said that since earlier counsel has since expired, the error in pleadings drafted by him now sought to be corrected by the present amendment application would amount to withdrawal of admission made by the non -applicant and therefore, the same cannot be permitted under Order 6 Rule 17 C.P.C. after the trial has already commenced and is at the evidence stage.

(3.) HAVING heard the learned counsels, this Court is of the opinion that there is no error in the impugned order dtd.8.7.2008 of the learned Motor Accident Claims Tribunal and effect of such pleadings and evidence will be seen by the learned Tribunal at the time of final hearing and aggrieved party can of course approach the appellate Court against such final award. No interference is required in the present writ petition under Article 227 of the Constitution of India at this stage.