which the petition filed by the petitioner to make
amendment in WS has been rejected.
3. Petitioner is the defendant in the court below ... petition under
Order VI Rule 17 of the CPC to seek amendment in WS and add
para 16(A) that during pendency of the suit
Tent House
reported in (2017) 8 SCC 567 (which related to amendment in WS not
ad
in plaint) and Chakreshwari Construction (P) Ltd. Vs. Monohar
Rule 17 of CPC
has been moved by Shri Bhushan seeking amendment in WS. It
is submitted that certain documents which were apart of Petition
under Order 6 Rule 17 CPC for carrying out
ammendment in WS stands allowed.
2. Learned counsel for the rival parties are heard ... suit for declaration and permanent injunction, an
application for amendment in WS under Order 6 Rule 17
CPC was preferred by the defendant to incorporate
suit and the stand in the amendment application runs
contrary to the stand in the WS. Moreso, the Trial Court
found that since trial ... taken,
whereas in the instant case if the amendment application
runs contrary to the stand in WS. Thus , the said decision
of Apex Court
which the
learned Sub-Judge allowed the petition of amendment of the plaintiff
for inserting new relief with regard to recovery of possession.
3. Petitioners ... show the due diligence, the proviso bars
any amendment made in the plaint or WS after start of the hearing of
the suit
Chief Judicial Magistrate Class-I Morena (M.P.)
whereby an application for amendment under
Order 6 Rule 17 CPC preferred by the defendants
has suffered ... learned trial Judge
for dismissing the application for amendment in
the WS does not appear to be unreasonable or of
such nature which may lead
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 ... 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
deed. During the
pendency of the suit, the plaintiff filed petition for amendment of
the plaint and sought insertion of certain plots in the Schedule ... even by a cryptic order, the amendment
petition is allowed. In the suit the petitioenrs-defendants have filed
WS but the issues have
petition of the petitioners for amendment in the plaint
necessitated in view of the amendment incorporated in the WS
has been dismissed.
Learned counsel ... impugned order, it appears
that the learned Sub-Judge rejected the amendment petition of
the petitioners but at the same time directed the petitioners
