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Ajay Kumar Gupta & Ors. vs. Khadak Singh & Ors.

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Code of Civil Procedure, 1908–Order 6, Rule 17–Application for amendment in plaint–Allowed for two times–Appreciation of–Petitioner incorporated the fact of will in earlier application as the factum of will came in knowledge when it was filed by defendant in the proceedings under the Rent Control Act–This fact could not be sought by plaintiff even after due diligence–Held, it was rightly allowed–However, the second amendment for correction of typing error in first application was wrongly allowed as it was the admission of plaintiff which could not have been allowed to be withdrawn–Held, order passed on second application is liable to be set aside.