NANDA. M Vs. B. S. RAGHAVENDRA

JUDGEMENT

(1.) Petitioner being the defendant in an eviction suit in O.S.No. 352/2019 is knocking at the doors of the Writ Court for assailing the order dated 31.03.2021 a copy whereof is at Annexure-A whereby, her application in IA No.7 filed under Order VI Rule 17 of CPC, 1908 having been rejected, the learned II Addl. Sr. Civil Judge, Mysuru, has denied leave to amend the Written Statement, the said amendment having the effect of withdrawing the admissions made in the pleadings.

(2.) The respondent-plaintiff having entered Caveat through his counsel vehemently opposes the writ petition making submission in justification of the impugned order and the reasons on which it has been predicated; he resists the petition on the ground that sanctioning amendment would amount to permitting petitioner to withdraw the admissions in her pleadings; the amendment sought is highly belated and lacks bona fide; the subject application is hit by the proviso to Order VI Rule 17 of the Code; the amendment would change structure of the defence in the suit to the prejudice of the plaintiff; even otherwise, the conduct of the petitioner disentitles her to the grant of leave for amending the Written Statement; so contending, he seeks dismissal of the Writ Petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter for the following reasons: