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VIVEK AGARWAL
Shashi Mahana – Appellant
Versus
Savita Godal – Respondent
1. Petitioner has filed this writ petition under Article 227 of the Constitution of India being aggrieved by order dated 22.11.2016 passed by the Court of Fourth Civil Judge ClassII, Shivpuri, whereby the application under Order 6 rule 17 of the Code of Civil Procedure (for short “CPC”) has been partly allowed and partly disallowed.
2. It is petitioner's contention that he had originally filed a suit for declaration, partition and permanent injunction and had moved an application after receiving the written statement for converting the suit into a suit for partition and all the pleadings in regard to partition have been negated by the trial Court. Therefore, the impugned order suffers from infirmity to the extent that the pleadings in regard to partition have been denied by the trial Court.
3. Learned counsel for the petitioner has placed reliance on a copy of the judgment of the Hon'ble Supreme Court in the case of Abdul Rehman v. Mohd. Ruldu, as reported in 2012 (III) MPWN 104, wherein the Hon'ble Supreme Court has held that the power to allow amendment is wide and can be exercised at any stage of proceedings in the interest of justice. In para 8, the Hon'ble Supreme Court h
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