neelu rana v. anju jain
Case brief
What is this about?
In this revision petition challenging the rejection of an amendment application for a counter claim, the High Court held that the filing was belated and barred under CPC provisions, dismissing the petition.
What did the court decide?
None. The impugned order on amendment application was reaffirmed and the revision petition was dismissed.
What the court decided
Court No. - 30
Case :- S.C.C. REVISION No. - 78 of 2018
Revisionist :- Neelu Rana Opposite Party :- Anju Jain Counsel for Revisionist :- Anubhav Chandra Counsel for Opposite Party :- Chetan Chatterjee
Hon'ble Vivek Kumar Birla,J.
Re: Civil Misc. Exemption Application No. 2 of 2018
Heard learned counsel for the revisionist and Sri Chetan Chatterjee, learned counsel for the opposite party and perused the application.
This exemption application is allowed.
Re: SCC Revision
Heard learned counsel for the revisionist and Sri Chetan Chatterjee, learned counsel for the opposite party and perused the record.
Present revision has been filed for setting aside the impugned order dated 17.11.2017 passed by the Additional District Judge, Court No. 7, Saharanpur in SCC Case No. 10 of 2016.
By the impugned order dated 17.11.2017, application being paper no. 47Ka filed by the revisionist for amendment in the written statement to enable him to raise his counter claim has been rejected on the ground that the evidence of plaintiff is over and the right of defence of the defendant has also been struck down and therefore, there is no justification for such counter claim.
Issues for consideration
3 issues framed by the court
Whether the present revision is maintainable to set aside the impugned order rejecting the amendment in the written statement.
Whether the amended counter claim can be admitted given the belated filing after the trial had commenced.
Whether the lower court failed to exercise jurisdiction under Order 15 Rule 5(2) CPC in rejecting the amendment application.
Parties & counsel
- petitioner
Neelu Rana
- respondent
Anju Jain
Coram
Vivek Kumar Birla
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- SCCR/78/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court