RAJESH TAKHAR Vs. SUMAN CHOUDHARY AND ANR

JUDGEMENT

(1.) By instant writ petition, the defendant-petitioner has assailed the order dt.14/05/2013 passed by the trial court by which it has allowed the application filed by the plaintiff-respondent under Order 6 Rule 17 CPC seeking amendment in the suit.

(2.) It is submitted by counsel for the defendant-petitioner that though the plaintiff-respondent was aware of the all the facts right from the year 2004 but the application seeking amendment in the suit was moved by him at belated stage just to delay the proceedings. He submits that by moving application under Order 6 Rule 17 CPC, the plaintiff-respondent tried to make out a new case and the trial court was unjustified in allowing the application. He further submits that the averments made in the application were wholly vague and the trial court ought not to allow such an application. Counsel also relied upon judgment of the Hon'ble Apex Court in the case of Mashyak Grihnirman Sahakari Sanstha Maryadit Vs. Usman Habib Dhuka & ors, 2013 DNJ 454 and submitted that the amendment is belated and afterthought and should not be permitted and accordingly prayed for reversal of the order passed by the trial court.

(3.) I have considered the arguments advanced by counsel for the defendant-petitioner and also gone through the order impugned passed by the trial court.