ASHOK RAJAK Vs. BASUDEO RAM

JUDGEMENT

(1.) CHALLENGE in this writ application is to the order dated -14.09.2007, passed by the Sub -Judge IV, Koderma in Title Suit No. 188 of 1986, whereby the petition filed by the petitioner (substituted defendant of the original defendant No. 12) under Order VI Rule 17 of the Code of Civil Procedure for amendment of the original written statements, was rejected.

(2.) THE grounds of rejection of the petitioner's prayer for amendment of the written statement were as follows: -

(3.) LEARNED counsel for the petitioner submits that the amendments sought for, were in fact formal in nature and by no stretch of imagination, could the same be conceived as altering the nature of the suit or causing any prejudice either to the plaintiff or to the defendants. In fact, the amendment sought for are part of the admitted case of the plaintiffs themselves.