Court No. - 4 Case :- WRIT - C No. - 44029 of 2010 Petitioner :- Saheb Singh @ Ankur Respondent :- Sultan Singh And Others Petitioner Counsel :- Ajay Kumar Srivastava Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
Suit was filed by the plaintiffpetitioner for cancellation of the sale
deed said to have been executed by the respondent no. 1 in favour of
respondents no. 2 & 3 and for permanent injunction to restrain them
from interfering in the peaceful possession. Plaintiffpetitioner being a
minor, the suit was filed through his next friend Smt. Prakashi Devi
who was described as natural mother of the minor plaintiff. When the
suit was at the stage of hearing before the trial court, an application
under Order VI Rule 17 C.P.C. was filed on behalf behalf of the
plaintiff seeking amendment that instead of natural mother she may
be described as former mother as the plaintiff was given in adoption
to somebody else.
Trial court and revisional court have rejected the amendment
application on two grounds : firstly, by means of proposed
amendment, the admission made by the plaintiffpetitioner was
withdrawn and secondly, in view of provision of Order VI Rule 17,
once the trial has commenced the amendment was not liable to be
allowed because it cannot be said that the facts sought to be brought
on record by way of amendment were not within the knowledge of the
plaintiffpetitioner.
In view of above, no illegality has been committed by the two courts
below in rejecting the amendment application and the impugned
orders do not suffer from any infirmity.
The writ petition being devoid of merits stands dismissed in limine.
Order Date :- 29.7.2010
nd