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2021 Supreme(Raj) 1185

PRAKASH GUPTA
Salasar Synthetics Proprietor Mukesh Kawadiya – Appellant
Versus
Manish Kediya – Respondent


Advocate Appeared:
For the Appellant :Amit Jindal, Advocate
For the Respondents:Rajesh Kumar Sharma, Devendra Sharma, Vandana Sharma and Piyush Rathore, Advocates

JUDGMENT :

Prakash Gupta, J.

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. Thereafter issues were framed. The plaintiff filed an application for amendment under Order 6 Rule 17 read with Section 151 CPC mentioning therein that inadvertently due to typographical error, in the cause title, words "owner of firm Ravi Kumar Nirmal Kumar" were not mentioned in furtherance of the name of defendant No. 2, which has been dismissed by the Commercial court vide order dated 16.12.2019. Hence this writ petition.

3. Learned counsel for the plaintiff submits that defendant Manish Kediya is the owner of various firms which are being run in different names. He further submits that the bills, description of which were given in the plaint, are related to

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