JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CM APPL. 30672/2023 (for early hearing)

1. This is an application seeking early hearing of the present petition.

2. The application is allowed. The petition is taken up today for hearing.

3. The application stands disposed of.

CM(M) 1259/2022

4. Petitioner challenges the order dated 12.09.2022 passed in CS SCJ 936/2019 titled as "Sumit Kumar @ Sunny vs. Anju Kumari" whereby the learned Trial Court had allowed an application under Order VI Rule 17 CPC seeking an amendment in the plaint to include and clarify para No. 7 A and para No.21 in the plaint.

5. Learned counsel appearing for the petitioner/ defendant submits that by virtue of the amendment to para 7 A and para 21 of the plaint, the respondent/ plaintiff is seeking to change the nature of the suit and include a claim which is time barred.

6. Learned counsel submits that the amendment application seeking to include para 7 A in the plaint is based on the allegation that the FIR, which has been mentioned in para 7 of the original plaint was circulated amongst the neighbours by the petitioner/ defendant.

7. Learned counsel submits th