(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) The application is made with the prayers which read as under.
"2.
The petitioner therefore prays that :
(A) This Hon'ble Court may be pleased to grant amendment in terms of para 19(A) and 19(B).
(B) Such other and further order be passed in the interest of justice.
(C) Affidavit may kindly be dispensed with."
Learned counsel Mr.M.D.Rana who has signed the application orally submitted and insisted even after repeated query that the proposed amendment was sought to be carried out in the original petition which has been disposed of by an order which is the subject matter of appeal. He frankly conceded that, no legal provision or precedent could be cited in support of the submission that original petition which has been disposed of could now be amended by moving an amendment application in Letters Patent Appeal. The present application for amendment does not make out any ground for granting the application in view of the only averment that : "The petitioner seeks to bring the amendment in the petition by adding some factual matrix in after (sic) para ____ as para 19(A) and 19(B)".
In the above facts, the application is apparently not only misconceived, but a vain attempt at complicating and delaying hearing of the main appeal. Therefore, it is dismissed with cost, quantified at Rs.500/- which the applicant shall pay to the Legal Services Authority, Ahmedabad within a week from today.
(D.H.Waghela,J) (Mohinder Pal,J) pathan Top