High Court of Judicature at Allahabad
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Sri Subhash Chand Sachdeva v. Sri Suresh Chand - CIVIL REVISION No. - 451 of 2007  RD-AH 17916 (15 November 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon. Dilip Gupta, J.
The landlord has filed this Civil Revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the 'Act') for setting aside the order passed by the Court below by which the amendment application has been rejected. Under the amended provisions of Order 6 Rule 17 CPC, no application for amendment can be allowed after the trial has commenced unless the Court comes to the conclusion that inspite of the due diligence, the party could not have raised the matter before the commencement of the trial.
Learned counsel for the revisionist has stated that though the suit between him and his father had been decided prior to the filing of the SCC Suit, yet this fact could not be stated in the plaint. The Trial Court, therefore, did not commit any illegality in rejecting the application as this fact could have been stated in the plaint.
The Civil Revision is, accordingly, rejected.
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