- (1.) THE petitioner, by way of filing the present petition under Article 227 of the Constitution of India, has prayed for quashing and setting aside the order dated 5.5.2012 passed in Title Suit No. 149/1996, whereby, the learned Civil Judge (Jr. Division) No. 1, Dhanbad has dismissed the petition filed by the plaintiff/petitioner under Order VI, Rule 17 r/w Section 151 of the Code of Civil Procedure.
(2.) HEARD the learned counsel for the parties and perused the impugned order as well as materials placed on record. Learned counsel for the petitioner in support of his submission has referred paras 2 to 5 of Annexure -1 to this petition, filed under Order VI, Rule 17 r/w Section 151 CPC and submitted that the amendment was sought for in respect to Schedules A and B, as the plan mentioned therein with colour red and colour green, respectively were not annexed by inadvertence. According to petitioner the proposed amendment is required in plaint, so that the petitioner -plaintiff may not face any difficulty at the time of execution of the decree. In support of his submission, the learned counsel for the petitioner has referred to and relied upon the judgment delivered in the case of Ramesh Kumar Agrwal Vs. Rajmala Exports Pvt. Ltd. and Ors. reported in 2012(2) JLJR 388 and in the case of 2009 (10) SCC 84, reported in Revajeetu Builders and Developers Vs. Narayanaswamy & Sons and Ors.
(3.) THE learned counsel for the respondent supported the order passed by the court below and submitted that such amendment was moved at a belated stage only with a view to cause delay in the proceedings.;