1977 Supreme(MP) 400

IN THE HIGH COURT OF MADHYA PRADESH
U.N. Bhachawat, J.
Soni Ram - Applicant
Vs.
Srimati Asharfi Bai - Respondent
C. Revn. No. 575 of 1977 (G)
Decided On : 28-10-1977

Headnote:Civil Procedure Code, 1908 - O. 6, R. 17 - proposed amendment rejected by giving a finding on its merits - order bad in law - Court need not and ought not to go into the alleged falsity of the case in the amendment.

       Short Note

       1. Revision was by the defendant whose application for amending the written statement dated 19 - 10 - 1977 had been rejected vide the impugned order on the ground that a similar application was rejected by the trial Court on 13 - 10 - 1977.

       2. Held : A copy of the order dated 13 - 10 - 1977 whereby the defendant's earlier application for amendment of his written statement was rejected has been filed on behalf of the plaintiff non - applicant. On the perusal of the order, it is apparent that the trial Court had rejected the proposed amendment giving a finding on its merits. While considering whether an amendment should be allowed, the Court need not and ought not to go into the alleged falsity of the case in the amendment. Without first allowing the amendment and framing an issue thereon, the Court ought not to give its finding on the merits of the proposed amendment. The proposed amendment being consequential to the amendment in the plaint ought not to have disallowed. Except that it was earlier disallowed no other reason has been assigned by the trial Court. This Court has already dealt with the previous order. The trial Court has committed a material irregularity in disallowing the proposed amendment. Revision allowed.