Arun Bhansali, J. - (1.) This writ petition is directed against the order dated 25.09.2013 passed by the trial court, whereby the application filed by the plaintiff under Order 6, Rule 17 CPC has been accepted and plaint has been ordered to be amended in terms of the prayer made by the plaintiff, further the court has directed the amended plaint filed with the application to be taken on record.
(2.) It is submitted by learned counsel for the petitioner that the trial court was not justified in accepting the application, inasmuch as, the application was highly belated. It is submitted that the amendment application has been filed on 26.09.2012 pertaining to events, which allegedly took place on 01.08.2009 and, therefore, the said amendment could not have been accepted. It is further submitted that alongwith the application, the amended plaint signed by Haji Abdul Samad was filed, however, at the point of time, when the application was allowed by the trial court, the said plaintiff had already died and, therefore, the amended plaint as filed by him could not have been ordered to be taken on record.
(3.) Learned counsel for the respondents submitted that so far as the event dated 01.08.2009 is concerned, the same was brought to the notice of the trial court during the hearing of temporary injunction application on 03.08.2009 itself and the present amendment application has been filed immediately after the written statement by the petitioner was taken on record, wherein the plea regarding the sequence of event, which took place on 01.08.2009 was taken and, therefore, it cannot be said that the plaintiff committed any delay in fling the application and the trial court committed any mistake in accepting the same.;