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Civil Revision Application No. 183 of 1958, decided on 20th April 1959.
O. VI, r. 17‑Amendment of pleadings applied for in 1958 in suit filed in 1952‑Inordinate delay and negligence‑Amendment refused.
Muchandani for Petitioners.
Naimuddin for Opponents.
Date of hearing : 20th April 1959.
The learned subordinate Court disallowed the amendment on the ground of inordinate delay and gross negligence. Mr. Mirchandani admits that the suit was filed in 1952 and the amend ment was sought in 1958. According to him the delay was due to the fact that the original Bill of Lading was lying at Chittagong office.
The only question for consideration is whether the subordinate Court exercised its discretion properly. I am satisfied that this is a case of gross negligence and inordinate delay. I see no ground to interfere with the discretion exercised by the trial Court.
Petition dismissed with costs.
A.H. Petition dismissed,
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