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2024 Supreme(HP) 231

AJAY MOHAN GOEL
Ashwani Sood – Appellant
Versus
Chanderkanta – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sumit Sood, Adv.
For the Respondents: Mr. Jagmohan Singh Chandel, Adv.

JUDGMENT :

Ajay Mohan Goel, J.

By way of this petition, filed under Article 227 of the Constitution of India, the petitioner has challenged order dated 18.12.2019, passed by the Court of learned Civil Judge (Senior Division), Court No.II, Shimla, H.P., in Civil Suit No.9006218/14, titled as Smt. Chander Kanta vs. Smt. Praveen Thakur, in terms whereof, an application filed under Order 6, Rule 17 of the Code of Civil Procedure by the contesting respondent herein was allowed after impleadment of the petitioner as defendant No.2 in the Civil Suit.

2. Learned counsel for the petitioner has submitted that no doubt the respondent/ plaintiff after the impleadment of the petitioner as a party defendant had a right to file an amended plaint, but then the application filed under Order 6, Rule 17 of the Code of Civil Procedure ought to have been specific as to what the proposed amendments were, why they were necessitated after the impleadment of the petitioner as a defendant and the application ought to have been accompanied by an amended plaint. In the absence of these necessary ingredients learned Trial Court erred in allowing the application.

3. Learned counsel for the respondent/plaintiff has

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