ABHISHEK MUNDRA Vs. NAVRATAN MAL JANUARY AND ORS.

JUDGEMENT

(1.) IN this petition which has been filed under Article 226 and 227 of the Constitution of India, the petitioner -plaintiff Abhishek Mundra has prayed that the order dt. 14.5.2012 passed by the Addl. District Judge (Fast Track) No. 8, Jaipur Metropolitan Jaipur in C.S. No. 67/2007 titled as Abhishek Mundra v. Navratan Mal Jain be quashed and set aside whereby the application filed by defendant No. 1 (Navratan Mal Jain non -petitioner No. 1) under O. VI R. 17 CPC was accepted, though with costs. The that Court has observed in its order that to prevent the multiplicity of proceedings and for complete and final, adjudication of the dispute between the parties, the amendment in the written statement is fully justified and it was further observed that in the trial Court even the plaintiff's evidence has not been started, so the amendment cannot be said to have been prayed with delay. I have heard both the parties and I have perused the petition, I have perused the documents submitted by the parties in the matter. I have also perused the order 5 dt. 6.8.2009 passed by this Court in S.B. Civil Writ Petition No. 4114/2007.

(2.) THE petitioner has relied upon the following ruling: - -

(3.) I have gone through the rulings submitted by the parties. Even before the amendment, the position was practically the same and in the interests of justice, but complete and efficacious adjudication of the dispute between the parties, the amendment was permissible.