Order Date: 10.04.2023
Today is fixed for hearing of the M.A. case being No. 86/2022 and objection, if any, by the OP in the mean time.
Both sides file s through the Ld. Advocates.
M.A. case being No. 86/2022 is taken up for hearing and order.
The OP has filed W/O. Copy served.
Heard the Ld. Advocates of both sides in full.
Perused the complaint as well as the petition for Amendment and W/O.
The complainant, on 10.11.2022 has filed a petition supported by an affidavit , praying for amendment of the complaint by inserting a new paragraph as 2(a) before Paragraph No.3 and paragraph No. 5(b) after the paragraph No.5 of the complaint.
The OP raised objection on the grounds that the proposed amendments are not formal and is done only to assert false and fabricated averments in the original complaint.
On perusal of the complaint and the amendment sought for, it appears that the complainant wants to insert two facts in two paragraphs in the complaint, which cannot change the nature and character of the case at all and those are necessary to try the real dispute in issue.
Accordingly, the amendment as sought for is considered and allowed.
Let the complaint be amended.
Amend the complaint and the register accordingly.
The complainant is directed to file amended complaint by the date fixed and after receiving the amended complaint, the OP is at liberty to file additional W/V , if any.
M.A. case being No. 86/2022 is thus disposed of.
To 12.05 .2023 for filing amended complaint by the complainant and filing additional W/v, if any, by the OP.