Heard learned advocate for the petitioner.
Learned advocate for the petitioner submits that the premise in which the order impugned is passed and the liberal approach adopted by the learned Judge while granting amendment application is no more good law particularly after the amendment to Rule 17 and that due diligence concept would be applicable in the suit filed in the year 2007. Besides, it is submitted that the nature of amendment application and prayer made therein would certainly travel beyond the scope and nature of the main suit and the relief claimed therein. Thus the trial Court erred in exercising jurisdiction.
Considering the above and the law in this regard of considering application for amendment of plaint, I am inclined to issue Notice returnable on 7.11.2012.
Meanwhile by way of ad interim relief the order impugned dated 1.9.2012 passed below Exh. 60 in RCS No.440 of 2007 shall remain stayed. However it is made clear that the suit proceeding are not stayed.
Direct service is permitted.
[ANANT S. DAVE, J.] //smita//