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2016 Supreme(P&H) 3163

SHEKHER DHAWAN
NAVNEET SINGLA – Appellant
Versus
HARYANA URBAN DEVELOPMENT AUTHORITY – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ashwani Talwar, Advocate
For the Respondent:S.K. Mahajan, Advocate

JUDGMENT

Shekher Dhawan, J.

Present petition under Article 227 of the Constitution of India for setting aside the order dated 6.7.2015, passed by learned Civil Judge (Junior Division), Panipat, whereby application, filed by petitioner/plaintiff under Order 6, Rule 17 CPC so as to produce on file copy of speaking order dated 5.5.2010 passed by the Chief Controller of Finance, Haryana Urban Development Authority, Panchkula, was dismissed.

2. The Court below declined the prayer of the petitioner so as to amend the plaint on the ground that plaintiff had already the knowledge of the said order, whereas the proposed amendment is most relevant for the just decision of the case and the same should have been allowed by the Court below and present petition be accepted.

3. Learned counsel for respondent No.1 submitted that the Court below has already taken the correct view that despite due diligence, the petitioner could not raise this plea because the order, which the petitioner wants to plead and produce on file was passed on 5.5.2010 i.e. much before filing of the suit. The present suit was filed on 9.5.2012 and application for amendment of plaint was made on 14.11.2014. This factum was well









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