JEEVAN DEVI Vs. MOHD SIDDIQ AND ANR

JUDGEMENT

(1.) The petitioner-plaintiff has challenged the order dated 29.10.2013 and the order dated 9.12.2013 passed by the learned Civil Judge (Jr. Division) and Judicial Magistrate, First Class, Kishangarh, Ajmer. By the former order, the learned Magistrate has dismissed an application filed by the petitioner under Order 8 Rule 9 CPC; by the later order, the learned Magistrate has declined to correct the order dated 29.10.2013 and has declined to permit the plantiff to present her evidence, as the case was slated for the defendant's evidence.

(2.) Mr. R.P. Garg, the learned counsel for the petitioner has vehemently contended that since this Court had allowed the amendment to be made in the plaint by order dated 18.7.2013, the application under Order 8 Rule 9 CPC should have been allowed by the learned Magistrate. Therefore, the learned Magistrate has committed an illegality in dismissing the said application. Secondly, since the amendment was permitted by this Court by the aforementioned order, a chance should have been given to the plaintiff to produce his evidence even if the case was at the stage of the defendant's evidence. Therefore, the impugned order dated 9.12.2013 violates the Principles of Natural Justice vested in the petitioner. Hence, both the impugned orders deserve to be set aside.

(3.) Heard the learned counsel for the petitioner and perused the impugned orders.