Murlidhar Gupta vs Addl. Civil Judge (J.D.) West, Jaipur Metropolitan and Another

R.S. Chauhan, J.—The petitioner is aggrieved by the order dated 2.4.2012 passed by the Additional Civil Judge (J.D.) West, Jaipur Metropolitan, Jaipur, whereby the learned Magistrate has rejected the petitioner''s application under Order 6 Rule 17 C.P.C. for amending the plaint.

The learned counsel for the petitioner has contended that due to bona fide mistake, the amendment could not be made in the original plaint. Therefore, the learned Magistrate should have permitted the amendments. Hence, the impugned order deserves to be interfered with.

On the other hand, the learned counsel for the respondent has pleaded that the petitioner had ample opportunities to bring about the facts to the notice of the court as he had already filed a rejoinder to the written statement filed by the respondent-defendant. Moreover, the petitioner had also filed a reply to the counterclaim filed by the respondent-defendant. Therefore, in case he neglects in defending his position, the amendment cannot be permitted after an inordinate delay.

Heard the learned counsel for the parties and perused the impugned order.

A bare perusal of the impugned order clearly reveals that the learned Magistrate has also observed that the petitioner had ample opportunities to bring about the amendment in his plaint and to bring subsequent development to the case on record. For, the petitioner had submitted his rejoinder to the written statement as well as his reply to the counterclaim. Despite having ample opportunities, the petitioner had not been vigilant about his own rights. It is, indeed, a settled position of law that a party who is not vigilant about his own rights, cannot expect the court to come to his rescue. Therefore, the learned Magistrate is certainly justified in dismissing the petitioner''s application filed under Order 6 Rule 17 C.P.C.

For the reasons stated above, this Court does not find any illegality or perversity in the impugned order. The writ petition being devoid of any merit is, hereby, dismissed. The stay application also stands dismissed.