DEVENDER GUPTA, B.N.CHATURVEDI
VAISH CO OPERATIVE ADARSH BANK LIMITED – Appellant
Versus
GEETANJALI DESPANDE – Respondent
( 1 ) ON an application under Order VI Rule 17, CPC (IA. 930/2000) made by respondent No. 1-plaintiff seeking to amend the plaint in certain respects, an order dated 10. 4. 2002 came to be passed by the learned Single judge allowing the application. Material part of this order reads as under :
"the amendments sought for have become necessary in view of the recent final notice issued by the Delhi Development Authority alleging misuser of the property by the occupants of the said property. In my considered opinion, the amendment sought for is also necessary for effective determination of the his between the parties. I am also satisfied on the facts and circumstances of the case that the amendment, even if allowed, would not in any manner change the nature and character of the suit. In that view of the matter, the application is allowed. The amendment sought by the plaintiff shall be incorporated in the plaint. "
( 2 ) APPELLANT-DEFENDANT No. 3 feltaggrieved by the said order and, consequently, seeks to assail the same by way of present appeal.
( 3 ) DOES the exercise of discretion by the learned Single Judge in allowing the amendment sought to be incorporated in the pla
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REFERRED TO : Gurbux Singh v. Bhooralal
John v. S. Rayappan and Others
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L.J.Leach and Company Limited v. Jardine Skinner and Company
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