PREM DEVI W/O GANESHA RAM Vs. SMT. BHANWARI DEVI D/O SHRI MOTIRAM W/O SHRI PRATAP RAM
LAWS(RAJ)-2017-2-205
HIGH COURT OF RAJASTHAN
Decided on February 08,2017

Prem Devi W/O Ganesha Ram Appellant
VERSUS
Smt. Bhanwari Devi D/O Shri Motiram W/O Shri Pratap Ram Respondents

JUDGEMENT

PANKAJ BHANDARI,J. - (1.) Petitioner has preferred this writ petition aggrieved by order dated 03.03.2012 vide which application filed by the plaintiff-respondent under Section 151 CPC was allowed.
(2.) It is contended by counsel for the defendant-petitioner that the amendment could not be allowed once the matter is fixed for pronouncement of judgment and such an application is not maintainable. It is also contended that the error is not a typographical error and the provision of Section 151 CPC cannot be invoked in such matters where the plaintiff has not been diligent.
(3.) Counsel for the petitioner has placed reliance on 2015(1) DNJ (Raj.) 222, Life Insurance Corporation of India, Jodhpur v. State of Rajasthan and ors. , wherein the plaintiff sought to change the subject matter of the dispute. The Hon'ble High Court observed that such amendment cannot be allowed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.