VINOD CHATTERJI KOUL
Abhitash Malhotra – Appellant
Versus
Darshan Lal – Respondent
JUDGMENT :
VINOD CHATTERJI KOUL, J.
1. Through the medium of this writ petition filed under Article 227 of the Constitution of India, the petitioner has sought quashing of order dated 08.08.2013 so far his prayer for amendment has been partly disallowed. The petitioner filed the application under Order VI Rule 17 of the Code of Civil Procedure for amendment of the pleadings before the trial court. When the said application came for consideration, the learned trial court partly allowed the said application and rejected the amendment with regard to another part.
2. The said order has been challenged precisely on the ground that the trial court had not considered the pleadings of the parties in its right perspective and had committed illegality. It is submitted that the application has been filed at a belated stage and rejected on that ground is illegal. The amendments which were sought to be incorporated were necessary for adjudicating the claim of the petitioner/plaintiff and the order rejecting the prayer is without any reasoning and substance. By rejecting his prayer, he has been prevented from taking substantial pleas by not allowing him to incorporate the amendments in paras ‘b’ an
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