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Judgment
The petitioner has filed present writ petition challenging
order dated 24.01.2017 whereby his application filed under Order
VI rule 17 read with Section 151 of Code of Civil Procedure, 1908
has been rejected.
Mr Aklavya Bhansali, learned counsel for the petitioner,
contended that by way of amendment application, the petitioner
has sought to correct inadvertent typing error in the plaint and
number of trustees, which application has been rejected by the
learned trial court without proper appreciation of facts and law.
Mr C.S. Kotwani, learned counsel for the respondents, fairly
conceded that the application filed by the petitioner may be
allowed.
In view of this, the order dated 24.01.2017 impugned in the
present writ petition is quashed. The application dated 19.01.2017
filed by the petitioner-applicant stands allowed. The petitioner to
file amended plaint by the next date before the court below i.e.
18.03.2017.
In the facts and circumstances, it is deemed appropriate to
issue directions to the learned trial court to decide the application
for temporary injunction expeditiously.
The writ petition is allowed accordingly.