MOHAMMAD YOUSUF Vs. BHARAT SINGH

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) This revision petition is directed against the order dated 25-9-1998 passed by the learned Civil Judge (J.D.), Jodhpur City, Jodhpur in Civil Suit No. 73/96, Bharat Singh v. Mohd. Yousuf. By the impugned order, the learned Civil Judge (J.D.) dismissed the application filed by the petitioner under Order 6, Rule 18 read with Section 151 of the Code of Civil Procedure.

(3.) It appears that the plaintiff moved an application under O. 6, Rule 17 of the Code of Civil Procedure for amendment of the plaint. The application filed by the plaintiff was allowed by the order dated 17-3-1998 subject to payment of costs to the tune of Rs. 150/- payable to the defendant. By the same order, it was directed that the amended plaint should be filed within a period of 14 days. The Court, however, adjourned the case to 2-4-1998. The amended plaint was not filed within the period of 14 days allowed by the order dated 17-3-1998. The amended plaint was filed on 2-4-1998 which was the date fixed for hearing by the learned Civil Judge (J.D.) in his order. On 2-4-1998 when the amended plaint was filed, no objection was raised by the defendant against the filing of the amended plaint as observed by the learned Civil Judge (J.D.) in his order. About 17 days after the filing of the amended plaint, the petitioner-defendant filed an application under Order 6, Rule 18 of the Code of Civil Procedure praying that the plaintiff should not be permitted to amend the plaint as the amended plaint had not been filed within a period of 14 days fixed by the order dated 17-3-1998. The learned Civil Judge (J.D.) rejected the application filed by the petitioner under Order 6, Rule 18 of the Code of Civil Procedure on two grounds. The first was that no objection was raised by the defendant on 2-4-1998 when the amended plaint was filed. The second ground was that the Court itself had fixed on 2-4-1998 for filing of the amended plaint. Feeling aggrieved by the order dated 25-9-1998, the defendant-petitioner has approached this Court under Section 115 of the Code of Civil Procedure.