ASHOK KUMAR SUBBA Vs. SMT. KAMAL KUMARI SUBBA

JUDGEMENT

(1.) The Petitioner, (Plaintiff before the Learned Trial Court) is before this Court assailing the Order dated 12-12-2016, of the Learned Civil Judge, East Sikkim, at Gangtok, in T.S. Case No. 33 of 2014, Shri Ashok Kumar Subba v. Smt. Kamal Kumari Subba and Others.

(2.) By the impugned Order, the Learned Trial Court considered an Application filed by the Defendant No. 2 (Respondent No. 2 herein) under Order 6, Rule 17 read with section 151 of the Code of Civil Procedure, 1908 (for short "CPC") seeking to amend his Written Statement and duly allowed the amendment.

(3.) While seeking to amend the Written Statement, the Defendant No. 2 submitted that the proposed amendment was not incorporated in the Written Statement due to inadvertent mistake and oversight and sought to incorporate the following statements;