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Judgment
10 paragraphs · 199 wordsBy the impugned order dated 07.06.2018 (Annexure â€" P/1), the defendants' application filed under Order 6 Rule 17 of the C.P.C. for amendment
in the written statement has been allowed by the trial Court against which this writ petition has been preferred.
Learned counsel for the petitioner submits that the application for amendment ought not to have been granted by the trial Court and it deserves to
be set aside.
I have heard learned counsel for the petitioner and perused the impugned order with utmost circumspection.
The trial Court has clearly recorded a finding that the amendment was necessary for just and proper disposal of the suit, therefore, this Court is not
inclined to interfere with the order of the trial Court. However, the petitioner/ plaintiff will be entitled to incorporate consequential amendment and also
entitled to lead evidence on the amended portion. As the suit is pending consideration since 13.12.2001, the trial Court is directed to conclude the trial
expeditiously, preferably within a period of two months from the date of receipt of copy of this order.
With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).