ARIHANT SUPERSTRUCTURES Vs. ANDARAM

JUDGEMENT

(1.) Petitioner (plaintiff), inter-alia, seeks quashing of an order dtd. 6/5/2025 passed by learned Additional Civil Judge cum Judicial Magistrate No.9, Jodhpur Metro in Civil Suit No.65/2016, vide which, an application filed by the petitioner (plaintiff) under Order 6 Rule 17 read with Sec. 151 CPC for amendment of the company's address and substitution of the name of the erstwhile authorized signatory with that of the present one in the cause-title, was rejected.

(2.) The petitioner filed a civil suit for permanent injunction concerning 29 bighas of land in village Gangana, District Jodhpur, along with an application under Order 39 Rules 1 and 2 read with Sec. 151 CPC. Interim relief was granted by the Additional Civil Judge No. 2, Jodhpur Metro on 15/3/2016. The suit was later transferred to the Court of Additional Civil Judge cum Judicial Magistrate No. 9, Jodhpur Metro. Pleadings were completed with the respondent's written statement filed on 5/9/2016 and the petitioner's rejoinder on 18/5/2018, following which six issues were framed on 20/9/2017. In November 2020, the petitioner sought amendment under Order 6 Rule 17 CPC to update the company's registered address and substitute the name of its authorized signatory. The respondent opposed the application, and the trial court, vide order dtd. 6/5/2025, dismissed the same and closed the petitioner's evidence, despite the amendment being purely technical and non-prejudicial. Aggrieved, the petitioner has filed the present writ petition seeking quashing of the impugned order and permission to amend the cause title and lead evidence.

(3.) For ease of reference, English translation (as provided) of the impugned order dtd. 6/5/2025 reads as follows: