RANA GRANAITE Vs. DILIP KUMAR

JUDGEMENT

(1.) The present writ petition is directed against the order dated 31.10.2019, passed by the learned District Judge, Jalore (hereinafter referred to as "the Trial Court"), vide which respondent-plaintiff's application under Order VI Rule 17 of the Code of Civil Procedure, seeking amendment of the plaint has been allowed.

(2.) The facts in nutshell are that the respondent No.1-plaintiff instituted a suit for partition in June 2019. Before the defendant- petitioner could even file their written statements, an application under Order VI Rule 17 of the Code of Civil Procedure came to be filed by the plaintiff on 03.10.2019, in which it was indicated that subsequent to filing of the plaint, he came to know about the factum of property being transferred vide sale-deed dated 26.02.2019 and also that the eastern wall has been demolished on 10.01.2019, for which requisite amendments in the plaint were necessary.

(3.) The defendant No.3-present petitioner opposed such amendment application and contended that the amendment as sought, ought not to be granted.