1 LRs of Late Smt. Pushpa Devi Vs. LRs of Satyanarayan (S.B. CIVIL WRIT PETITION NO.6544/2010) Dated : 26.7.2010 HON'BLE MR. JUSTICE SANGEET LODHA Dr. Sachin Acharya, for the petitioner. 1. This writ petition is directed against order dated 22.4.2010 passed by the Civil Judge (Senior Division), Churu in Civil Suit No.4/2005, whereby an application preferred by the petitioner/defendant objecting the amended plaint being taken on record, has been dismissed. 2. The application preferred by the respondent/plaintiff seeking amendment of the plaint was allowed by the Court below vide order dated 1.4.2010 and the matter was adjourned to 22.4.2010 for filing the amended plaint. The amended plaint was filed by the plaintiff on 22.4.2010. However, the petitioner/defendant filed an application under Section 151 CPC objecting the amended plaint being taken on record on the ground that the same has not been filed within a period of 14 days in terms of the Order VI Rule 18 of CPC and therefore, the same cannot be taken on record. 3. The application has been rejected by the Court below holding that by granting the amendment prayed for, the time was granted to the plaintiff to file the amended plaint by the next date i.e. 22.4.2010 and the amended plaint has been filed on that date, therefore, the period for filing the amended plaint shall be treated to have been 2 extended till 22.4.2010. 4. Learned counsel for the petitioner contended that under Order VI Rule 18, the trial Court has no power to extend the time as stipulated by the statute suo moto and therefore, the amended plaint filed after expiry of the 14 days from the date the prayer for amendment was allowed could not have been taken on record. 5. A bare perusal of the Order VI Rule 18 of CPC makes it abundantly clear that the provision with regard to filing of the amended pleadings within 14 days from the date of the order, operates only when the time is not limited for the purpose by the Court, where the Court has fixed the time for filing the amended pleadings, the provision with regard to filing of the amended pleadings within 14 days from the date of order does not operate. Admittedly, in the instant case, while granting the amendment prayed for, the Court has fixed the date for filing the amended plaint, and the same has been duly filed by the respondent/plaintiff on that date, therefore, the question of expiry of the period for filing the amended plaint does not arise. To say the least, the application preferred by the petitioner was absolutely misconceived and the same has rightly been rejected by the Court below. However, the petitioner/defendant did not stand satisfied with the order passed by the Court below and has brought such a frivolous petition before this Court and for this, the petitioner/defendant deserves to be saddled with the cost. 3 6. Accordingly, the writ petition is dismissed in limine with cost Rs.1000/-. The amount of cost shall be deposited by the petitioner/defendant with the Rajasthan Legal Services Authority within a period of two weeks. (SANGEET LODHA),J. rp