S.B.Civil Writ Petition No.5858/08
Rajrani & ors.
vs.
Managing Director, Tata Teleservice Ltd. and ors.
Date of Order:- 2.2.2009
HON’BLE MR.JUSTICE PRAKASH TATIA
Mr. BS Sandhu for the petitioner.
Mr. VK Mathur for the respondents.
Heard learned counsel for the parties.
Before framing of the issues, application has been submitted by
the plaintiff for incorporating certain facts in support of his already
taken plea. The trial court was also of the view that the plaintiff-
petitioner can argue on the points which he has taken in the application
under Order 6 Rule 17 CPC, at the time of arguments. In that situation,
there was hardly any reason for trial court for denying the amendment
in the plaint so as to enable the defendant to file reply to the plea
taken by the plaintiff by way of pleading.
The order of the trial court, therefore, deserves to be set aside.
Therefore, the writ petition of the petitioner is allowed and order
of the trial court dated 16.7.2008 is set aside and the application of the
plaintiff, which will provide the facts more specific, is allowed.
(PRAKASH TATIA)J
mlt.