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Madhya Pradesh High Court · body

1999 DIGILAW 342 (MP)

Shakuntla Devi Garg v. Narayan Som Kunwar

1999-05-03

N.P.SINGH

body1999
JUDGMENT This revision under section 115 of the Code of Civil Procedure is directed against the order dated 26.6.95 passed by the 12th Civil Judge, Class II, Bhopal in RCS No. 24B/93, rejecting the application of the applicant-plaintiff under Order 6, Rule 17, CPC, for amendment in the plaint. The applicant-plaintiff filed the instant civil suit for recovery of Rs. 2,800/- with interest pendente lite and future. The non-applicant denied the claim of the applicant-plaintiff and the execution of the pronote executed by him. The non-applicant-defendant also filed certain receipts showing payment made to the applicant-plaintiff which led the applicant to file an application for amendment in the plaint, which prayer has been rejected by the impugned order. It is well settled that the Court should be liberal in allowing amendment in the pleading unless the same is time barred. The trial Court acted with material irregularity in rejecting the application of the applicant-plaintiff. The impugned order, therefore, cannot be sustained. Accordingly it is set aside and in the result the revision is allowed.