Deepak Kumar Tiwari, J.:— By way of this writ petition the petitioner has challenged the order dated 30.07.2022 passed by Civil Judge, Class-2, Kharsiya, District Raigarh in Civil Suit No. A/20/2016 whereby the application under Order 6 Rule 17 for amendment in the written statement filed by the defendants No. 1 to 3 has been allowed.
2. Learned counsel for the petitioner would submit that if the defendants will be permitted for amendment then the nature of the suit will change and amendment is not necessary to adjudicate the real issue between the parties. The amendment application has been filed at the stage of plaintiff's evidence which is now fixed for cross examination. Therefore, impugned order is not sustainable and the same deserves to be set aside.
3. Heard learned counsel for the petitioner, perused the petition along with the annexed documents.
4. In the matter of Life Insurance Corporation of India v. Sanjeev Builders Private Limited reported in AIR 2002 SC 4256, the principles regarding amendment in the pleadings have been made. According to the same, a prayer for amendment shall normally be allowed. Further, in dealing with a prayer for amendment of pleadings, the court should avoid a hypertechnical approach, and is ordinary required to be liberal especially where the opposite party can be compensated by costs. It is also observed that delay in applying for amendment alone is not a ground to disallow the prayer. So, considering the nature of proposed amendment as the trial Court has already allowed the amendment application with a reasonable cost, this Court do not find any material ground to interfere with the impugned order.
5. Accordingly, this petition being sans merit is deserved to be and is hereby dismissed in limine.
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