Gulshan Kumar v. Sunita Gupta

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CR No. 3226 of 2022 Date of decision : 17.8.2022 Gulshan Kumar Gupta ......Petitioner Vs.

Sunita Gupta ......Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Gaurav Sethi, Advocate, for the petitioner --- TRIBHUVAN DAHIYA , J. (Oral) This revision petition under Article 227 of the Constitution of India has been filed for setting aside the order dated 25.7.2022 (Annexure P-3), passed by the Principal Judge, Family Court, Ambala, whereby the petitioner's application under Order 6 Rule 17 CPC, for amendment of the petition, filed by him under Section 13 of the Hindu Marriage Act, 1955, has been dismissed. It has been recorded in the order passed by the learned Principal Judge, Family Court that the petitioner had knowledge of the facts that he wants to plead by way of filing the amendment application, and most of those facts have already been pleaded by him in the petition.

Therefore, it cannot be assumed that the facts proposed to be brought on record by way of amendment, were not in the petitioner's knowledge, as well as, knowledge of his counsel when pleadings were drafted. The other plea taken by the petitioner to justify moving the application for amendment, that the documents were not traceable due to the COVID-19 pandemic, has also been found to be only a ruse. In this view of the matter, the application for amendment was dismissed by the learned Principal Judge, Family Court.

ASHWANI KUMAR 2022.08.18 17:04 I attest to the accuracy and integrity of this document

CR No. 3226 of 2022 -2There is no error apparent on record that would call for interference by this Court.

Accordingly, the revision petition is dismissed. (TRIBHUVAN DAHIYA) JUDGE 17.8.2022 Ashwani Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No ASHWANI KUMAR 2022.08.18 17:04 I attest to the accuracy and integrity of this document