JUDGMENT :

TUSHAR RAO GEDELA, J.

[The proceeding has been conducted through Hybrid mode]

1. Petitioner challenges the impugned order dated 30.11.2018 in CS SCJ No. 97558/16 titled as “Zile Singh vs. Ram Kishan”, whereby the learned Trial Court has dismissed the application filed by the petitioner and others under Section 151 of the Civil Procedure Code, 1908 (hereinafter referred to as “CPC”) for striking off the paragraphs in the amended plaint filed on behalf of respondent/plaintiff consequent to the impleadment of the petitioner herein.

2. Mr. Ajit Nair, learned counsel appearing for the petitioner/defendant No.4 submits that the language of Order 1 Rule 10 CPC is very clear, in that, only the necessary and formal amendments qua the newly added defendant alone is to be permitted to be added by way of an amendment without the necessity of filing an application under Order VI Rule 17 CPC.

3. Having regard to the fact that almost ten paragraphs dedicated to the Will as propounded by one of the defendants, who is the father of the petitioner were sought to be added, does not give the reason to the respondent/plaintiff to add those paragraphs which are not relevant to the issue in dispute