GHULAM SUBHANI Vs. ALOK KUMAR DAS

JUDGEMENT

(1.) Heard.

(2.) This writ petition has been filed against the order dated 3.2.2009 passed in T.S. No. 37/1997 by Sub Judge-VIth Court, Hazaribagh, allowing the prayer made on behalf of respondent no. 3Md. Jalil for amendment of the plaint.

(3.) It is submitted by Mr. Laik that the issues were framed long back in this suit in the year 1997 and such prayer for amendment was made at the evidence stage. It is further submitted that such amendment could not be allowed after the trial had commenced on framing the issues in view of proviso to Order 6 Rule 17 of the amended C.P.C. He also pointed out that the court below itself observed that certainly if the amendment is allowed, nature of the suit will change and that it will not remain a declaratory suit. He further submitted that while considering the prayer for amendment, learned court below has not considered the respective cases of the parties with regard to the prayer of amendment properly. With regard to some of the amendments, it is said that they are based on subsequent events and therefore, they have been allowed but it is not considered when such subsequent events came to the knowledge of the plaintiff. Admittedly, no paper or document in support of the pleading sought to be amended have been filed but the learned court below wrongly observed that on such ground, amendment could not be denied as such document could be filed at later stage.