Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2416 of 2019 Petitioner :- Smt. Dhanseera Devi And Another Respondent :- Smt. Geeta Dubey And Another Counsel for Petitioner :- Vineet Kumar Singh Counsel for Respondent :- Abhishek Misra
Hon'ble Vivek Kumar Birla,J.
Heard Sri Vineet Kumar Singh, learned counsel for the petitioners and Sri Abhishek Misra, learned counsel for the respondents and perused the record.
Present petition has been filed challenging the impugned order dated 5.11.2018 and the order dated 18.3.2019 passed by the Courts below.
By the impugned order dated 5.11.2018 the trial Court rejected the amendment application filed by the petitioner on the ground that the amendments that are being sought are not necessary for disposal of the case as the crux of the case of the plaintiff has already been narrated in the plaint. The revision filed against the same was rejected by the lower revisional Court noticing the fact that the plaintiff is adopting delaying tactics and abusing the process of law. He is not coming forward to examine and cross-examine witnesses.
Challenging the impugned orders, submission of learned counsel for the petitioner is that amendment application filed by the petitioner has wrongly been rejected and as such, the impugned orders are liable to be set aside.
Learned counsel for the respondents submits that earlier also amendment of the same nature was filed, which was allowed in the year 2012 and thereafter delaying tactics are being adopted by the plaintiff and evidence of plaintiff's witnesses was over and opportunity of hearing to cross- examine the DW 2 was also closed but even after recall of the aforesaid order the petitioner has not come forward to conclude the hearing of the matter by cross-examination of witnesses.
I have considered the rival submissions and perused the record.
On perusal of the record, I find that it is not in dispute that the trial has commenced. The facts that are being asserted regarding which amendment is being sought are also included in the plaint.
In such view of the matter, the amendment is clearly hit by proviso to Order 6 Rule 17 of CPC. Therefore, I am not inclined to interfere in the impugned order.
Present petition is accordingly dismissed.
Order Date :- 29.4.2019 Abhishek