BHARAT MAHTO Vs. DASRATH MAHTO

JUDGEMENT

(1.) PRESENT writ petition has been filed under Article 227 of the Constitution of India against the order dated 6.1.2011 passed by the VIth Sub-Ordinate Judge, Civil Court, Ranchi in Partition Suit No. 143/06 whereby the application submitted by the plaintiff seeking amendment in the plaint under Order VI Rule 17, Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure has been rejected.

(2.) HEARD the learned counsels for the petitioners as well as respondents and perused the order passed by the court-below.

(3.) (SC); 2008 (2) JLJR 46 (SC); AIR 2006 Supreme Court 2832; AIR 2007 DELHI 48; 2003 (1) JCR 283 (SC). 5. As against that, learned counsel for the respondents submitted that the court-below after careful consideration of the submissions made before it passed a reasoned order and thereby rejected the application preferred by the petitioners seeking amendment in the plaint. It is further submitted that the court-below has not committed any illegality or irregularity while passing the said order and therefore, no intervention of this Court is required at all. It is further submitted that the Article 59 of the Limitation Act is relevant for the purpose of deciding the present case and the court-below has taken note of the submissions made in this regard while rejecting the application made by the plaintiffs-petitioners. It is further submitted that Section 84 of the CNT Act is also required to be considered while dealing with the present petition. It is further submitted that the written statement was filed in the year 2006 and thereafter the amendment petition was moved in the year 2011, thus, the application for amendment was submitted at the belated stage. Therefore, the court-below has rightly rejected the said application. Learned counsel for the respondents submitted that the present petition has no merit and therefore, deserves to be dismissed. Learned counsel for the respondents lastly submitted that the judgment is an authority for what it decides and not what can be logically deduced therefrom.