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Omprakash vs. The Additional District Judge No. 5 Jodhpur & Anr.

38.00 3.80

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Code of Civil Procedure, 1908–Order 6, Rule 17–Amendment in plaint–Application was allowed with paying the cost to defendant-petitioner–Plaintiff-respondent filed the amended plaint–Petitioner filed the application to keep the amended plaint in D part on the count that the cost was not paid, therefore, the conditional order is not in existence–Rejection of application–Instant writ petition–Impugned order of allowing the amendment was not conditional and the cost imposed was consequential–Cost can be sought at any time–If the petitioner was aggrieved, he should have challenged the order within a reasonable time–Interference declined on this ground.