HARISH Vs. BRIJLAL

JUDGEMENT

(1.) THIS petition challenges the order passed below Exh.6A i.e. the application for amendment filed by the plaintiff in Special Civil Suit No.11 of 2010. The learned Civil Judge (Senior Division), Washim, has allowed the application for amendment.

(2.) THE notice for final disposal of the matter was issued on 1.9.2010 and the proceedings of the Special Civil Suit No.11 of 2010

(3.) THE question is whether the Court can allow the application for amendment even without issuing notices to the defendants. THE Special Civil Suit No.11 of 2010 was filed on 17.2.2010. On 20.2.2010, the application for amendment was filed. It was allowed by an order dated 23.2.2010. THEreafter, the suit summons was issued and the amended copy of the plaint was served upon the defendants. Rule 17 of Order VI of the Code of Civil Procedure, 1908, is relevant and the same is reproduced below