Order VI Rule 17 CPC- In view of amendment to CPC, no amendment can be allowed after trial has been commenced.


                        THE HON'BLE SRI JUSTICE K.C.BHANU

                        CIVIL REVISION PETITION NO.421 OF 2013

ORDER:

          This petition is filed against the order, dated
13-12-2012 in I.A.No.2041 of 2012 in O.S.No.249 of 2012 on the file of the Principal Junior Civil Judge, Tirupathi, whereunder and whereby the application filed by the petitioner-defendant under Order VI Rule 17 CPC to permit her to amend the written statement, was dismissed.

          2.  Learned counsel appearing for the petitioner contended that the proposed amendment will not change the nature of the suit and hence, he prays to allow the petition.

3. The above application was filed when the matter was coming up for the evidence of defendant’s side.  In view of amendment to CPC, no amendment can be allowed after trial has been commenced. The case of the petitioner does not fall under proviso to Order VI Rule 17 CPC.  Anyhow, the point raised by the petitioner can as well be agitated before the trial Court. 

4. With the above observation, the Civil Revision Petition is dismissed. No costs. Miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed.

          _­­­_______________

K.C.BHANU, J

DATED: 22-03-2013
Hsd

 


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