The court dismissed a writ application under Article 227 seeking quashment of an order rejecting an amendment petition in a civil suit, noting the plaintiff's death and lack of impleaded representatives.
The writ application stands dismissed.
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WP(C) No.18702 of 2011
9. 8.11.2016 This application under Article 227 of the Constitution
has been filed seeking quashment of an order dated 12.5.2011 passed by learned Civil Judge (S
r.Divn.), Padampur in C.S. No. 47 of 2009 rejecting the application under order 6 Rule 17 of t
he Code of Civil Procedure filed by the petitioner as the defendant no. 1 for amendment of the
written statement.
The suit had been filed by opp.party no. 1 as the plaintiff. She has d
ied on 21.10.2014 as is seen from the copy of the death certificate placed on record. No step
as yet has been taken for impleading her legal representatives.
In view of the above, the writ application stands dismissed. ..
D. Dash, J.
Aks
2 issues framed by the court
Whether the application under Article 227 of the Constitution seeking quashment of the impugned order should be allowed despite the petitioner's status as defendant no. 1.
Whether to allow amendment of the written statement in a civil suit where the plaintiff has died and legal representatives have not been impleaded.
2 provisions across 2 enactments
Petitioner
Opponent Party no. 1
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court