Rajpal vs Raghbir and Others

Paramjeet Singh, J.—Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 31.07.2013 (Annexure P/3) passed by learned Civil Judge (Junior Division), Rohtak whereby the application moved by the petitioner under Order 6 Rule 17 read with Section 151 CPC for amendment of the plaint has been dismissed. Heard.

Learned counsel for the petitioner vehemently contended that the petitioner-plaintiff wants to amend the plaint qua the subsequent event to the effect that respondent no. 1/defendant no. 1 had filed an affidavit by forging the signatures of the petitioner.

The case is quite old. Now, it is at the fag end. It is fixed for rebuttal evidence. Moreover, the proposed amendment will not help the adjudication of the case in any manner as subsequent conduct is not relevant for decision of the suit for permanent injunction. This cannot be treated as material necessary for just decision of this case, rather the same is just to delay proceedings.

In view of judgment of Hon''ble Supreme Court in S. Malla Reddy Vs. Future Builders Co-operative Housing Society and Others, , where amendment sought after 13 years has been declined, I do not find any illegality or perversity in the impugned order. Dismissed.