B. GOVINDARAJ HEGDE Vs. CHANDRAKALA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 30/1/2023 passed on I.A.No.14 in O.S.No.177/2018 by the Prl. Civil Judge & JMFC, Udupi, whereby the said application filed by the petitioner - defendant under Order 6 Rule 17 CPC seeking amendment of the written statement was rejected by the Trial Court.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.

(3.) The material on record discloses that the respondent - plaintiff instituted the aforesaid suit against the petitioner - defendant for ejectment / eviction and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the petitioner - defendant. During the course of trial, the respondent - plaintiff having examined herself as PW1 and at the stage of her cross-examination, the petitioner - defendant filed the instant application seeking amendment of the written statement. The said application having been opposed by the respondent - plaintiff, the Trial Court proceeded to pass the impugned order rejecting I.A.No.14, aggrieved by which the petitioner is before this Court by way of the present petition.