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1994 Supreme(MP) 252

SHACHEENDRA DWIVEDI
Gopal Sharma – Appellant
Versus
Savitri Devi Ojha – Respondent


Advocates:
N.K. Modi for petitioner; V.K. Bhardwaj for respondents.

JUDGMENT

The learned trial Court by order Annexure P/9 while partly allowed the application seeking amendment in the written-statement, it rejected the remaining part of the sought amendment. The remaining averments of the proposed amendment were only for the elaboration of the facts, which were stated earlier, and allowing such averments, to be taken on record by way of amendment, was neither necessary nor proper for the just decision of the case. Order Annexure P /12 is another order passed by the learned trial Court rejecting another application of the petitioner-defendant filed under Order 6 Rule 17, of the Civil Procedure Code, almost on the similar allegations, which were made in the earlier application and were rejected by the Court by Annexure P/9. There was yet another application, which was also decided under Order Annexure P /12 and that was with regard to the permission sought by the plaintiff for adducing the secondary evidence. The plaintiff had filed an application submitting a certified copy of the registered sale-deed dated 5.10.92 as also the certified copy of the property tax register of Municipal Corporation, Gwalior, which were sought to be tendered in the





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