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2013 DIGILAW 549 (PAT)

Brij Mohan Upadhyaya v. State Of Bihar

2013-04-25

VIKASH JAIN

body2013
ORAL ORDER The present petition has been filed against the order dated 3.01.2012 passed in Title Suit No. 199/2004 passed by learned IVth Sub Judge, Ara whereby the petition for amendment of the plaint in terms of Order 6 Rule 17 has been rejected. 2. Learned counsel for the petitioner submits that certain amendments in the Genealogical Table were necessary as certain errors had crept in owing to typing omissions and typing errors and for the just determination of the suit such amendment ought to have been allowed. 3. Learned counsel for the respondent no.5 opposes the writ petition and submits that the petitioner-plaintiff is in fact seeking change the Genealogical Table to prejudice the respondent no.5. In any event it is submitted that the amendment petition is belated and has rightly not been entertained. 4. Having heard the submissions of the parties and on consideration of the relevant facts and circumstances, this Court finds that the learned Court below has rightly not entertained the amendment petition on the grounds of delay as the proviso to Order 6 Rule 17 prohibits amendment of pleadings after commencement of trial unless due diligence is shown, which in the present case has not been so shown, the impugned order cannot be faulted. 5. The writ petition accordingly stands dismissed.