1997 Supreme(Raj) 1175

RAJASTHAN HIGH COURT
R.S.Kejriwal, J.
Virendra Kumar S/o Rajmal Bordia - Appellant
Versus
Satpal S/o Rajaram Sindhi - Respondent
S.B. Civil Revision No. 179 of 1996.
Decided On : 22-05-1997

The court has the authority to set aside an impugned order and allow an amendment application if it finds serious illegality and irregularity in the rejection of the application on merits.

Headnote:

Amendment Application - Civil Procedure Code - The court allowed the revision, set aside the impugned order, and allowed the amendment application on costs of Rs. 500

Fact of the Case:

The Addl. Civil Judge rejected the application of the plaintiff-petitioner u/O. 6 R. 17 CPC.

Finding of the Court:

The court found that the learned Judge committed serious illegality and irregularity in rejecting the amendment application on merits, and allowing the order to stand would cause irreparable injury to the petitioners.

Issues: The issue was the rejection of the application for amendment of plaint on merits.

Ratio Decidendi: The court found that the rejection of the amendment application on merits was a serious illegality and irregularity, and allowed the revision, setting aside the impugned order.

Final Decision: The court allowed the revision, set aside the impugned order, and allowed the amendment application on costs of Rs. 500.