CMP filed to assail an order dismissing an amendment application under Order VI Rule 17 CPC without reason. The court set aside the impugned order for being cryptic and remitted it for fresh consideration with a reasoning requirement.
Impugned order set aside; matter remitted to Presiding Officer for fresh consideration and reasoned order.
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CMP No.73 of 2020
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a belated stage is not maintainable, which is only designed to drag the litigation. He further submits that while rejecting the application under Order-VI Rule 17 CPC on 19.10.2019, the suit was posted for hearing to 02.11.2019. However, he does not have up-to-date instruction in the matter, as to whether hearing of the suit has commenced in the meantime or not.
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CPC taking into consideration the rival contentions of the parties and should have passed a reasoned order.
Issue urgent certified copy of the order on proper application.
……..……………………
K.R. MOHAPATRA,J.
ss
1 issue framed by the court
Whether an order dismissing an application for amendment of pleadings without any reason satisfies the requirement of a reasoned order.
1 provisions across 1 enactments
PETITIONER
OPPOSITE PARTY NO.9
K.R. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
