BRAHMA NAND PRASAD Vs. BIMLA TAMA KHUWALA

JUDGEMENT

(1.) AGGRIEVED by order dated 24.11.2014 in Title Suit No. 17 of 2007, the present writ petition has been filed.

(2.) TITLE Suit No. 17 of 2007 was filed by the petitioner who is plaintiff in the said suit for specific performance of the oral agreement with the defendant no. 1 who agreed to sale the suit premises for a consideration of Rs. 75,000/. It is stated that on 10.03.2000, the defendant no. 1 approached the plaintiff and offered the suit premises for sale and in the year, 2002 the defendant no. 1 requested the plaintiff to pay the municipal dues of Rs. 718.14/ .

(3.) THE learned counsel for the petitioner submits that, in view of the objection taken by the defendant no. 1 in the written statement, the plaintiff filed application dated 10.11.2014 under Order VI Rule 17 C.P.C. seeking amendment in the plaint however, the said application has erroneously been rejected by the trial court. It is submitted that, the application seeking amendment can be considered at any stage and merely because it has been filed at a belated stage, the same cannot be dismissed.