Sanat Kumar Sonkar vs Sunhar Sahu And Ors

Goutam Bhaduri, J

This petition is against the order dated 15.01.2018, passed by the IVth Additional District Judge, Durg, District Durg whereby the amendment

petition preferred by the plaintiff/petitioner was dismissed.

Learned counsel for the petitioner would submit that a suit was filed for specific performance of a contract and declaration, wherein the evidence

has not yet started and the plaintiff in the meanwhile has preferred an application under Order 6 Rule 17 CPC whereby an amendment in para 10(A)

to 10 (C) has been sought for and he would submit that due to inadvertence the amendment sought for could not be incorporated in the earlier pleading

and since the evidence has not yet started, therefore, the parties may be given one opportunity to make the amendment. He would further submit that

the evidence under Order 18 Rule 4 CPC has already been placed before the Court. He would further submit that the order of the trial Court rejecting

his prayer for amendment is without application of mind and no reason has been assigned, therefore, the said order cannot be sustained.

Perused the impugned order dated 15.01.2018 as also the copy of the plaint and the amendment which is sought. The order appears to be solely on

the ground that there is considerable delay in filing the amendment application and that is the reason for rejection of the application. Amendment

prayer would show that no further prayer is made, therefore, when the evidence of the parties have not yet been started as per the statement made at

the bar and the cross-examination has not yet begun then no prejudice would be caused to the parties. Consequently, the prayer for amendment is

allowed. Let necessary amendment be carried out within 7 days from the date of production of the copy of this order. The defendants shall be entitled

to make all consequential further amendments within two weeks. On the next date the trial Court shall proceed to record the evidence in usual course.

With such observation, the petition stands disposed of.