WP No.8006/2010
Rahmat Ali Rakesh Kumar Agrawal and others.
18.8.2008.
Shri Dhanesh Kant Tiwari, counsel for the petitioner.
Shri K.B.Bhatnagar, Counsel for respondents 1 and 2.
This petition is directed against an order dated 29.4.2010
by which an application filed by the petitioner seeking amendment
in the plaint was rejected.
The learned counsel appearing for the petitioner assailed
the aforesaid order on the ground that the proposed amendment
was necessary for the just decision of the case and was
explanatory in nature.
The learned counsel for respondents 1 and 2 opposed the
aforesaid contention and submitted that in the light of provisio to
Order 6 Rule 17,CPC, no such amendment could be allowed after
commencement of the trial and there is no explanation on the part
of the party praying for amendment why such amendment could
not be incorporated before commencement of the trial.
On raising such contention, the learned counsel for the
petitioner submitted that he may be permitted to withdraw this
petition with liberty to move a fresh application after explaining the
reasons for non-incorporation of the amendment before
commencement of the trial.
Prayer is not opposed, Hence, it is allowed.
The petitioner is permitted to withdraw this petition as well
as application seeking amendment with liberty as prayed for.No
order as to costs.
Certified copy as per Rules.
(Krishn Kumar Lahoti) (J.K.Maheshwari)
Judge Judge
JLL