JUDGMENT :

1. This Miscellaneous Petition has been filed by the petitioner/plaintiff under Article 227 of the Constitution of India against the order dated 25-2-2023, passed by the Second Civil Judge, Class-I, Dhar, District-Dhar (M.P.) in C. S. No. 67-A/2016, whereby, the petitioner/plaintiff’s application filed under Order 6, Rule 17 of the C.P.C. has been rejected on the ground of lack of due diligence shown by the plaintiff.

2. In brief, the facts of the case are that the plaintiff has filed a suit for specific performance of contract and permanent injunction against the respondent/defendant in which, the plaintiff’s evidence has already been closed and the defendant’s evidence is yet to commence. At this stage of the proceedings, an application under Order 6, Rule 17 of the CPC has been filed by the plaintiff contending that since he has not sought any relief for possession of the suit land, hence, in order to avoid any technical objections subsequently, he is seeking the said relief by way of amendment.

3. The aforesaid application has been dismissed as aforesaid on the ground of lack of due diligence, hence, this petition.

4. Counsel for the plaintiff has submitted that the lear