HIND KUMAR KOHALI Vs. VIMAL CHAND

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of India is directed against the order dated 24/04/2018 passed in Civil Suit No.141-A/2016; whereby, trial Court has allowed the application under Order 6, Rule 17 Code of Civil Procedure 1908(CPC) filed by the plaintiff. The trial Court observed that the application for amendment has been filed immediately after framing of issues and the amendment sought is relevant for adjudication and that they do not change the nature of Suit which is for eviction on the ground under Sec. 12(1)(a), (b) and (c) of Madhya Pradesh Accommodation Control Act, 1961.

(2.) Though it is contended on behalf of the petitioner that the trial Court grossly erred in allowing the application by ignoring that the plaintiff failed to explain the due diligence as narrated vide proviso to Rule 17 of Order 6 CPC.

(3.) The contentions are taken note of and rejected at the outset. The proviso to Rule 17 of Order 6 Civil Procedure Code which requires that "no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial" is attracted where the amendment is sought after the commencement of trial. In the case at hand apparently, except framing of issues, no further stage is arrived at before filing the application.