HANIF KHAN Vs. AMAR SINGH RATHORE AND ANR.

JUDGEMENT

(1.) By way of the instant writ petition, the petitioner has beseeched to quash and set aside the order dated 17th April, 2010, whereby the learned Civil Judge (Jr.Div.), First Class, Ajmer City (East), Ajmer, allowed the application filed by the respondent-plaintiff under Order 6 Rule 17 of Civil Procedure Code, so as to the cost of Rs. 500.00.

(2.) Background facts of the case, in nutshell, are that the respondent-plaintiff filed a civil suit for possession of property in question against the petitioner defendant in the court of Civil Judge (East), Ajmer. During the pendency of the suit, when the case was listed for recording the statements of defendant-petitioner, the respondent-plaintiff filed an application under Order 6 Rule 17 of Code of Civil Procedure seeking amendment in Paras no. 3 and 4 of the plaint. The learned trial court allowed the application, which has been impugned by the petitioner-defendant by way of the instant writ petition.

(3.) Learned counsel for the petitioner canvassed that the proviso to Rule 17 Order 6 of Code of Civil Procedure does not permit an amendment to be made in the pleadings after commencement of trial of the suit. In the instant case, the case was listed for recording the statements of petitioner defendant and respondent-plaintiff was motivated to seek an amendment in the plaint after the cross-examination of the plaintiff. Since, during the crossexamination of the plaintiff, certain facts emerged, which were contradictory to the pleadings, hence, with a view to rectify those defects, he sought amendment at a belated stage, which was not permissible under the law, hence, the impugned order needs to be set aside.