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Judgment
S.K. Gangele, J.—This petition has been filed against the order dated 07.01.2009 passed in Civil Suit No. 3A/2009. By the aforesaid order, trial court has allowed the application for amendment in the plaint filed under Order 6 Rule 17 of CPC. The grievance of the petitioner in this petition is that the order has been passed without hearing him. Earlier a suit was filed in the Court of Civil Judge, Class II and thereafter it was presented before another Court pursuant to the order passed by this Court in W.P. No. 1358/2007.
It is stated that the petitioner was not heard before passing the order by the trial court, hence, substantial injustice has been caused to the petitioner.
In view of above, this petition is disposed of with following directions:-
The impugned order dated 07.01.2009 Annexure P-1 is hereby set aside.
The matter is remanded back to the trial court to pass an order on an application filed under Order 6 Rule 17 of CPC after hearing the petitioner in accordance with law.
Parties are directed to appear before the trial court on 05.08.2013.
It is hereby clarified that this Court has not expressed any opinion on merits of the matter. Accordingly, this petition stands disposed of.