HIGH COURT OF MADHYA PRADESH Misc. Petition No.4176/2018 (Anil Kumar Vs. Basantsingh and another)

Indore, Dated: 19/12/2018 Shri Sunil Verma, learned counsel for the petitioner.

Shri V.K. Jain, learned senior advocate with Shri Yashwardhan Raghuwanshi, learned counsel for the respondents.

Heard finally with consent.

By this misc. petition under Article 227 of the Constitution the petitioner has challenged order of the trial Court dated 15/01/2018 whereby the petitioner’s application under Order 6 Rule 17 of the CPC for amendment of the plaint has been rejected.

Learned counsel appearing for the petitioner submits that the trial Court has committed an error in rejecting the amendment solely on the ground that the limitation for challenging the sale deed has expired without appreciating that the issue of limitation itself was in dispute and that the trial Court had already framed the issue on the basis of the pleading in respect of validity of the said sale deed and the application was filed only for the purpose of the clarification of the pleadings.

As against this, learned counsel for the respondents opposing the misc. petition submits that the petitioner had filed the application for am