Smt. Vaishali W/O Ravindrasingh ... vs Ravindrasingh S/O ...
2016 Latest Caselaw 1456 Bom

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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                            
                                               NAGPUR BENCH, NAGPUR




                                                                             
                                       WRIT PETITION No.5604 OF 2014


            Smt. Vaishali w/o. Ravindrasingh Rajput,




                                                                            
            Aged about 31 years,
            Occupation : Nil,
            R/o. C/o. Ambadas Shaligram Patil, 
            in front of Akola Flour Mill, station Area,
            Tq. Murtizapur, Distt. Akola.                                              :      PETITIONER




                                                          
                              ...VERSUS...
                                 
            Ravindrasingh s/o. Shantrughansingh Rajput,
            Aged about 36 years,
                                
            Occupation : Service,
            R/o. Vasant Vihar, Sector 9, 
            House No.512, Kota, Rajasthan.            :      RESPONDENT
      


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            Mr. S.V. Sirpurkar, Advocate for the Petitioner.
            Mr. S.G. Malode, Advocate for the Respondent.
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                                                          CORAM  :   S.B. SHUKRE, J.

th DATE : 12 APRIL, 2016.

ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard

finally by consent of learned Counsel appearing for the parties.

2. It is seen from the impugned order dated 24.7.2014 that

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the learned Civil Judge, Junior Division, Murtizapur has not at all

considered the effect of due diligence test, which is required to be

cleared by the party seeking to bring on record amended pleadings

by virtue of order 6 Rule 17 of the Civil Procedure Code. This test

has been prescribed in proviso to Order 6 Rule 17 and it must be

cleared by the party seeking to incorporate amendment to the

pleadings. Learned Civil Judge, Junior Division, Murtizapur has not

dealt with this material aspect of the law. Therefore, the impugned

order cannot be sustained.

3. Writ Petition is allowed.

4. The impugned order dated 24.7.2014 is hereby quashed

and set aside.

5. The matter is remanded back to the trial Court for

deciding the application filed under Order 6 Rule 17 of the Civil

Procedure Code for amendment of the written statement afresh in

accordance with law.

6. Rule is made absolute in these terms. No costs.

JUDGE okMksns