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2021 Supreme(Raj) 86

PRAKASH GUPTA
Nakoda Fab, Proprietor Rikhab Chordiya S/o Bhanwar Lal Chordiya – Appellant
Versus
Manish Kediya S/o Sanwarmal Kediya – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Amit Jindal, Advocate
For the Respondent:Mr. Rajesh Kumar Sharma, Mr. Devendra Sharma, Ms. Vandana Sharma, Mr. Piyush Rathore, Advocate

ORDER :

1. The present writ petition has been filed under Article 227 of the Constitution of India against the order dated 16.12.2019 passed by the Commercial Court, whereby the application filed by the petitioner-plaintiff (for short, ‘the plaintiff’) under Order 6 Rule 17 read with Section 151 CPC has been dismissed.

2. Facts of the case are that the plaintiff filed a suit for recovery of money against the respondents-defendants (for short, ‘the defendants’). The defendants filed their written statements. Issues were framed. Thereafter the plaintiff filed an application under Order 6 Rule 17 read with Section 151 CPC seeking permission to add paragraph 2(a) and 2(b) after paragraph 2 of the plaint, which was allowed vide order dated 2.12.2016 subject to payment of cost. Thereafter the plaintiff filed the amended plaint. The defendants filed an application for deleting part of the pleadings from the amended plaint. The Commercial Court after hearing the arguments, disposed of the defendants' application and the amended plaint filed by the plaintiff was taken on record subject to payment of cost. The defendants filed the amended written statement. The plaintiff filed an application u

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