Pankaj Sharma vs Roopa Sharma

S.K. Mishra, J

Heard Vaibhav Singh Chauhan, learned counsel for the petitioner.

In this writ application, the writ petitioner has assailed the order passed by the learned Prinicpal Judge, Family Court, Haridwar in Suit No. 549 of 2014, Pankaj Sharma vs. Smt. Roopa Sharma, on 15.11.2021 thereby rejected the application filed by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred as "the Code").

It is apparent from the record that the petition filed the aforesaid provisions of the Code, the petitioner has not averred how this amendments sought is necessary for the purpose of proper and effective adjudication of the suit. Moreover, it is admitted that the amendment application has been filed after framing of issues and, in fact, four of the witnesses have already been examined on behalf of the plaintiff and there is no pleading of due diligence etc. as required under the aforesaid provisions. Hence, this Court finds that the application has rightly been rejected by the learned Principal Judge, Family Court and there is no merit in the writ application.

The writ application is dismissed in limine.

There shall be no order as to the costs.

Urgent certified copy of this order be granted to the petitioner on proper application.