MAQBUL AHMAD KHAN Vs. PAWAN KUMAR SAO

JUDGEMENT

(1.) THE present petitioner by way of filing this writ petition under Article 227 of the Constitution of India has prayed for quashing the order dated 19.4.2007 passed by the court of Sub-ordinate Judge No. II at Koderma in Eviction suit no. 7 of 2004 whereby the prayer of the petitioner made in the application filed under Order VI Rule 17 read with Section 151 of the Civil Procedure Code for amendment in the plaint has been rejected. Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondent. Perused the impugned order as well as other materials placed on record

(2.) IT appears that application under order-6 rule 17 of CPC has been filed before the learned court below seeking amendment in respect of schedule where description of the property has been given by the plaintiff. It appears that this application has been filed at a belated stage when the plaintiff's evidence is over and recording of the defendant's evidence was under progress. The view taken by the learned court below while rejecting the application cannot be accepted in view of the fact that the suit for eviction has been filed before the court below and therefore, in substance the nature of the suit is not going to be changed if the amendment in question is ordered to be allowed. The decision cited by the learned Sr. counsel for the petitioner in the case of Sajjan Kumar Vs. Ram Kishan reported in (2005) 13 SCC 89 is relevant for the purpose of deciding of the present case. The relevant paragraph are as under :