The High Court dismissed a writ petition challenging an order rejecting an application for amendment of plaint filed under Order 6 Rule 17 CPC. The court held that the petition was filed belatedly, over two and a half years after the impugned order, and found no justification to interfere.
CMP and Misc. Case dismissed; urgent certified copy issued as per rules.
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CMP No.36 of 2016
&
Misc. Case No.31 of 2016
02. 15.02.2016 Heard learned counsel for the parties.
This writ petition has been filed challenging the order dated
19.6.2013, passed by the learned Civil Judge (Jr. Division), Jajpur, in C.S. No.112 of 2007, r
ejecting the application of the plaintiff-petitioner filed under Order 6 Rule 17 C.P.C. for am
endment of the plaint.
From the impugned order it is seen that after passing of the i
mpugned order dated 19.6.2013, the suit had been dismissed for default on 04.7.2013, which was
restored only on 30.11.2015. The present petition has been filed more than two and half years
after the passing of the impugned order.
For the reasons as aforestated, I do not find any justificatio
n to interfere in the matter at this belated stage.
CMP and Misc. Case are accordingly dismissed.
Issue urgent certified copy as per rules.
..
S.C. Parija, J.
uks
uks
2 issues framed by the court
Whether the High Court can interfere in a writ petition seeking amendment of plaint filed more than two and a half years after the impugned order.
Whether belated filing of application for amendment of plaint under Order 6 Rule 17 CPC warrants interference in writing petition.
1 provisions across 1 enactments
Petitioner
Respondent
S.C. Parija
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court