Tarun Sharma vs Ali Zulfikar Ahmed - 2023 Supreme(Del) 382

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 382

TUSHAR RAO GEDELA
Tarun Sharma – Appellant
Versus
Ali Zulfikar Ahmed – Respondent

Advocates Appeared:
For the Petitioner:Mr. K.K. Sharma, Senior Advocate with Mr. Bhanita Potawary.

JUDGMENT :

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

1. With the consent of parties, the present petition is taken up for final disposal.

2. Petitioner, who is the defendant before the learned Trial Court challenges the order dated 11.10.2019 in CS No. 10865/16 titled as “Ali Zulfikar Ahmed vs. Tarun Sharma And Another”, whereby the learned Trial Court has allowed the application under order VI Rule 17 of the CPC, 1908.

3. Mr. K.K. Sharma, learned Senior Counsel appearing for the petitioner/ defendant submits that the first objection against the said application seeking amendment of the plaint is, that the proviso to Order VI Rule 17 prohibits any amendment to the pleadings after the trial commences unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the same matter before such commencement. On that basis, Mr. Sharma, learned Senior Counsel submits that the plain reading of the amendment application shows that the respondent/ plaintiff had already mentioned the relevant facts in the suit which has already been taken note of by the learned Trial Court in the impugned order and the application was unn

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