High CourtsSingle Bench

Ashok Kumar vs Ranulal And Ors

Chhattisgarh High Court · Decided on 16 September 2019 · Citation: (2019) 09 CHH CK 0090

HON’BLE JUDGES
Sanjay K. Agrawal, J
ACTS & SECTIONS REFERRED
Code Of Civil Procedure 1908 — Order 6 Rule 17 · Constitution Of India, 1950 — Article 227
RESULT
Dismissed
CASE NUMBER
WP227 No. 700 Of 2019
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Judgment

13 paragraphs · 220 words

Sanjay K. Agrawal, J

1.

By the impugned order dated 19/08/2019, the application filed by the defendants under Order 6 Rule 17 of the CPC for amendment in the written

statement has been rejected by learned Civil Judge Class I, Khairagarh against which this writ petition has been preferred by defendant No.

1/petitioner herein.

2.

Learned counsel for the petitioner submits that trial Court is absolutely unjustified in rejecting defendants' application for incorporating amendment in

the written statement, as such, the impugned order is liable to be set aside.

3.

I have heard learned counsel for the petitioner and perused the records.

4.

After hearing learned counsel for the petitioner at length and going through the impugned order, I am satisfied that learned trial Court has assigned

sufficient and valid reasons for rejecting the application filed by the defendants under Order 6 Rule 17 of the CPC for amendment in the written

statement in which I do not find any perversity or illegality warranting interference under Article 227 of the Constitution of India.

5.

The writ petition deserves to be and is accordingly dismissed with no order as to cost(s). However, the trial Court is directed to conclude the trial

expeditiously.

6.

A copy of the order be sent to the concerned trial Court by e-mail/fax for needful and compliance.