Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2916 of 2018 Petitioner :- Kamlesh Kumar And 2 Others Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Azim Ahmad Kazmi,Khurshed Alam Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners.
Present petition has been filed for setting aside the order dated 16.2.2018 passed by the District Judge, Etawah i Civil Appeal No. 24 of 2015 (Mukhtiay Singh and others vs. State of U.P. through Collector, Etawah).
By the impugned order the application filed for amendment under Order 6 Rule 17 CPC for amending the plaint was rejected.
Challenging the order submission of learned counsel for the petitioners is that although the facts that are being sought to be taken on record are of the year 2004, however, since the plaintiffs-petitioners are plain and simple village persons and therefore, they were not aware of the legal implications and did not disclose this fact to their counsel and for this reason the plaint may be amended. It was further submitted that this amendment will not change the nature of the suit and therefore, the amendment is liable to be allowed.
I have considered the submissions and have perused the record.
On perusal of record I find that Original Suit No. 493 of 1992 was filed relating to Plot No. 166. The suit was dismissed ex-parte on 8.9.2015. It is not in dispute that the amendment that is being sought is regarding the event that had taken place in the year 2004 and also in respect of the order of the A.D.M., Etawah dated 18.8.2004. The suit was dismissed ex-parte after about nine years thereafter on 8.9.2015. The appeal was filed in the year 2015. Now the amendment application in the appeal was filed in the year 2016 on 5.8.2016. In view of the admitted knowledge of the facts as back as in the year 2004 itself the amendment that are being sought at such belated stage that too in appeal cannot be permitted under the provisions of Order 6 Rule 17 CPC. The ground that the petitioners are plain and simple village persons is not a sufficient explanation.
Present petition is devoid of merits and is accordingly dismissed.
Order Date :- 27.4.2018 Lalit Shukla