SANDHU Vs. GURNAM SINGH

JUDGEMENT

(1.) The plaintiff is the petitioner before this Court. The challenge is to the order dated April 26, 1992 passed by the trial court whereby the application filed under Section 151 of the Code of Civil Procedure, by the defendant-applicant, has been allowed and name of the applicant Narinder Singh has been permitted to be added in the head note as well as in the end of the application and it has been ordered that the application filed for setting aside the ex-parte decree shall be deemed to have been filed on behalf of Narinder Singh as well.

(2.) The only grouse raised by Shri R.S. Sandhu, counsel appearing for the plaintiff-petitioner is that the application filed by the applicant Narinder Singh was under a wrong law inasmuch as no application under Section 151 of the Code of Civil Procedure was maintainable when there was a specific provision contained in Order 6 Rule 17 of the Code of Civil Procedure for amendment of the pleadings. According to the learned counsel, the aforesaid provision would also apply to the amendment of the pleadings in the applications.

(3.) After taking into consideration the argument of the learned counsel, I do not find any merit in the same.