- (1.) The defendant petitioner seeks to quash the order dated Feb. 10, 1998 of the learned Additional Civil Judge (Junior Division) No. 3 Jaipur City Jaipur whereby the application under Order 6 Rule 17 CPC of the plaintiff respondent was allowed.
(2.) Brief resume of the facts is that in the application under Order 6 Rule 17 CPC the plaintiff respondent prayed for deletion of the word 'Trust' and substitution of word 'Registered Society' and further to delete word 'President' as used for Col. Magh Singh. The defendant petitioner submitted reply to the application with the averments that the plaintiff's suit was not properly framed and the amendment if allowed would change the nature of the suit having substitution of a new plaintiff. It was contended that the defect in the plaint was not curable by way of amendment as there being no valid plaint at its inception.
(3.) The learned court below allowed the application on the ground that in allowing the amendment the cause of action and the subject matter of the civil suit shall not be changed and the defendant would not be affected as he has not filed written statement.;