Ammendment to fill up the lacunae in the suit is not permissible- High Court (Jharkhand)

Constitution of India , 1950 Article 226 Application filed by plaintiffs under Order 1 , Rule 10 and Order 6 , Rule 17 of the Civil Procedure Code , 1908 – Application dismissed - Present petition filed seeking quashing of said order - In the present  case , the petitioner has neither pleaded nor averred any explanation to meet the delay caused in filing the amendment application - Though an application for amendment can be allowed even after commencement of the trial , the petitioner has failed to explain that in spite of due diligence he could not  seek amendment of the plaint before commencement of the trial - Court below , after taking into consideration the conduct of the petitioner has rejected the said application observing that the same has been filed to fill up the lacunae in the suit , which is not permissible - Court  below has also observed that by way of amendment application , the plaintiffs have not sought to add various plots in the Schedule of the plaint as also  to implead / delete some of the plaintiffs and defendants who were left either due to negligent or by willful omission - Thus , no relief can be granted to the petitioner at such a belated stage of the trial - No infirmity in the order dismissing amendment application Present  write petition , accordingly dismissed.

(LAMSLF1763210)