JAI RAM SAO Vs. UTTIM MAHTO

JUDGEMENT

(1.) IN this writ application, the petitioner has prayed for quashing the order dated 9.1.2003 passed by learned 5th Additional District & Sessions, Judge, Bermo at Tenughat in Title Appeal No. 52 of 1998, whereby the plaintiff -petitioner's application for inserting few words, which could not be incorporated in amended paragraph -1 (A) of the plaint, has been rejected on the ground that the prayer was made belatedly.

(2.) IT has been observed that according to the amended provision of Section 148 C.P.C. time exceeding 30 days cannot be granted for any purpose.

(3.) IT has been submitted by the learned counsel for the petitioner that the court below has rejected the application in view of the amended provision of Section 148 C.P.C., but the same is not applicable in the instant case. The prayer was made for amendment in the plaint under Order VI Rule 17 C.P.C. Learned counsel submitted that the suit is of the year 1996 and the amended provision has got no application in the instant case. Learned court below has erroneously rejected the petitioner's application on the said ground.