RAMKUMAR S/O SRI MONOHAR, M. SANGEETHA D/O SRI MONOHAR, G. ABHIRAMI D/O SRI R. SREENIVASAN AND G. VIGNESH D/O SRI. R. SREENIVASAN REP. BY HIS MOTHER, S. JAYALAKSHMI, THE NATURAL GUARDIAN Vs. R. VISHNU S/O RAMAIAH AND CATHOLIC SYRIAN BANK LTD. RE

JUDGEMENT

(1.) IN the suit, by the 1st respondent seeking for a decree of declaration that the judgment and decree dated 30.06.1998 in O.A. No. 793/1995 is not binding on the plaintiff, the petitioners filed I.A. No. 8 under Order 6 Rule 17 of CPC for amendment of the written statement. The trial Court by the impugned order rejected the same. Hence the present petition.

(2.) SRI . C. Vinay Swamy, learned Counsel appearing for the petitioner contends that the amendment sought for is required for the just and final adjudication of the suit. He contends that at the time of filing of the written statement, the documents with regard to the court proceedings and tax paid receipts from the past 30 years were not available. During the pendency of the suit proceedings, the petitioner got the custody of these documents. He further contends that by virtue of the documents, he can establish the fraud committed by the plaintiff to knock off the suit schedule property.

(3.) HEARD Counsels.