VINOD KUMAR Vs. NIRMALA DEVI AND ANOTHER

JUDGEMENT

(1.) Heard Sri R.S. Kushwaha learned counsel for the petitioner and Mrs. Swati Agarwal learned counsel for the respondents.

(2.) This writ petition is directed against the order dated 10.02.2011 passed by the Civil Judge (Junior Division), Mohammadabad, District Ghazipur in Original Suit no. 577 of 2008 (Vinod Kumar Vs Nirmala Devi and another) whereby the amendment application paper no. 59-A has been rejected as also against the revisional order dated 25.07.2013 passed by the Additional District Judge, Court no. 2, Ghazipur in Revision no. 74 of 2010 (Vinod Kumar Vs Smt. Nirmala Devi and another) whereby the revision filed by the plaintiff petitioner has been rejected.

(3.) Learned counsel has referred to a judgment of the Hon'ble Supreme Court in the case of Surendra Kumar Sharma Vs Makhan Singh, 2009 LawSuit(SC) 1597 to state that an amendment application under Order VI Rule 17 CPC should be considered liberally in case the amendment sought would enable the court to decide the real matter in issue between the parties. He states that the law is settled that delay or the belated filing of an amendment application should not be made a ground for rejecting it which would amount to not permitting the parties to get the real controversy in issue adjudicated by the court below.