Writ petition challenging refusal to allow amendment of plaint to implead State and Municipal Board in an appeal. Court found no valid ground for interference.
Writ petition dismissed; impugned order refusing amendment affirmed.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
ORDER
S.B.CIVIL WRIT PETITION NO.7336/2007. Laxmi Narayan and Others. VERSUS
Rajrani and Another.
11.09.2008.
HON'BLE MR.JUSTICE DALIP SINGH
Dr.P.C.Jain, for the petitioners.
Heard learned counsel for the petitioners and perused the impugned order.
By the impugned order, the learned appellate court has refused permission to amend the plaint, as sought for by the plaintiffs, on the ground that the said amendment had been refused by the learned trial court also vide order dated 14.11.2003. The suit was filed against the respondents and by way of the amendment, the petitioners want to implead the State of Rajasthan as well as the Municipal Board, Dausa as parties to the suit, in appeal after the suit came to be dismissed by the learned trial court vide judgment and decree dated 30.04.2004.
The first and foremost impediment in the way of the petitioners-plaintiffs is the proviso to Rule 17 of Order 6 C.P.C. which provides no application for amendment shall be allowed after the trial has commenced unless the court comes to the conclusion that in spite of due diligence the party could not have raised the matter before the commencement of trial.
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There is no mention of the petitioners as to what prevented the petitioners from impleading the State of Rajasthan as well as the Municipal Baord, Dausa as party to the suit and seeking the relief against them. Moreover, in the application the plaintiffs have made no averment with regard to any cause of action in the application as against the State of Rajasthan and the Municipal Board, Dausa who are sought to be impleaded.
In the facts and circumstances, I do not find any ground to interfere with the impugned order in the writ jurisdiction. The writ petition is accordingly dismissed.
(DALIP SINGH),J.
Solanki DS, Jr.P.A.
2 issues framed by the court
Whether the High Court should interfere with the appellate court's refusal to allow amendment of the plaint to implead the State of Rajasthan and Municipal Board, Dausa.
Whether lack of cause of action necessitates rejection of the amendment application under Order VI Rule 17 proviso.
Laxmi Narayan and Others
Rajrani and Another
Dalip Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
