SUBRATA DEB NATH Vs. ASHOK KUMAR DAS
HIGH COURT OF GAUHATI
Subrata Deb Nath
ASHOK KUMAR DAS
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Kalyan Rai Surana -
(1.) Heard Mr. N.N. Jha, the learned counsel for the petitioner as well as Mr. R.K. Mour, the learned counsel appearing for the respondent.
(2.) By filing this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 10.09.2015 passed by the learned Civil Judge No. 2, Kamrup (M), Guwahati in T.S. No. 378/2013, thereby rejecting the prayer for amendment made under Order VI Rule 17 read with Section 151 CPC.
(3.) The petitioner is the plaintiff in the said T.S. No. 378/2013. The said suit was instituted on 11.01.2013. The respondent had filed his written statement on 15.03.2015, disclosing therein certain statements, which is the basis of filing the petition for seeking amendment of the plaint. After availing several adjournments, the petitioner had filed the prayer for amendment vide petition No. 6094/2014 dated 20.12.2014. In short, the purpose of amendment is to bring the present address of the respondent at Kolkata on record, as well as to bring on record a copy of the Advocate s notice dated 16.11.2013, issued on behalf of the respondent as well as the copy of reply dated 04.12.2013, issued to the Advocate of the petitioner herein. The respondent herein had filed his written objection to the said amendment petition and the learned trial court by the order impugned herein, rejected the prayer for amendment on the ground that the petitioner could not show due diligence and that there was no explanation why the petition for amendment could not be preferred prior to commencement of trial. The learned trial court had held that the prayer for amendment was hit by the proviso of the provisions of Order VI Rule 17 CPC.;
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