Madhya Pradesh High Court
Smt.Vimla vs Rakesh @ Raju Barseya on 21 December, 2018
1 MP-6151-2018
The High Court Of Madhya Pradesh
MP-6151-2018
(SMT.VIMLA Vs RAKESH @ RAJU BARSEYA)
1
Gwalior, Dated : 21-12-2018
Shri Santosh Agrawal, Advocate for the petitioner.
Issue notice to the respondents on payment of process fee within three
working days, failing which the petition shall stand dismissed without reference to this Court.
Learned counsel for petitioner/plaintiff while assailing the orders dated 03.10.2018 and 29.11.2018 by which applications for amendment under Order 6 Rule 17 of CPC in WS alongwith application under Order 14 Rule 5 of CPC preferred by defendant are allowed, contends that the amendment proposed were widespread enough to change the basic tenor and texture of the defence taken in WS Meanwhile impugned orders Annexure P/1 dated 03.10.2018 and Annexure P/2 dated 29.11.2018 passed by the Second Civil Judge, Class-II Datia in Civil Suit No.4A/2001, so far as it allows both the applications of defendants, shall remain stayed.
However, the trial shall not be held up. It is made clear that the question as to whether maintainability of this petition filed against rejection of two separate I.A's by two separate orders passed by the Court below shall remain open for rival parties to argue.
(SHEEL NAGU) JUDGE Ashish* ASHISH CHOURASIYA 2018.12.21 20:00:18 +05'30'