NANDAN KISHORE TIWARI @ NANDAN TIWARI Vs. GUNJAN TIWARI

JUDGEMENT

(1.) This writ petition has been filed under Article 227 of the Constitution of India wherein the order dated 11.07.2018 (Annexure-3) passed by Principal Judge Family Court, Ranchi in Original Suit No.403 of 2017 is under challenge, whereby and whereunder the application filed under Order VI Rule 17 read with Section 151 of C.P.C has been disposed of, wherein the prayer pertaining to rectifying the clerical mistake in the date of birth as has been mentioned in the original petition has been permitted to be corrected. But so far as the prayer pertaining to inserting paragraph 21(a) has been rejected, wherein the leave has been sought for by the trial court to insert with respect to pendency of a criminal case against the petitioner instituted by her aunt which has been suppressed by the respondent-wife and, therefore, after coming to know of the same, the same has sought to be inserted by an application filed under Order VI Rule 17 read with Section 151 of the C.P.C and the same having been rejected, this writ petition has been filed, invoking the supervisory jurisdiction clarified to this Article 227 of the Constitution of India.

(2.) Learned counsel for the petitioner has submitted that the trial court at outcome, ought to have taken into consideration the scope of Order VI Rule 17 read with Section 151 of the C.P.C, which provides provision that if anything came to the knowledge subsequent to filing of the plaint which has not come within the knowledge at the time of filing of the plaint and, if an application filed seeking leave of the Court to insert the aforesaid fact in the plaint needs to have been allowed, but without appreciating this aspect of the matter the said application has been rejected.

(3.) Having heard learned counsel for the petitioner, going across the reasons assigned in the impugned order, this Court has found that the petitioner who happens to be husband, has filed a suit for divorce on the ground of cruelty wherein the case was fixed for evidence and when the case was for evidence, an application under Order VI Rule 17 read with Section 151 of the C.P.C has been filed containing therein two fold prayer: (I) allow the petitioner to make necessary correction in the date of birth of son which has wrongly been mentioned as 30th October, 2013 in Paragraph-5 to be corrected as 30th September, 2013 (II) paragraph-21 (a) may be inserted. Paragraph-21(a) stipulates as :