C. UMESHA Vs. CHANDRAPPA A. N.

JUDGEMENT

(1.) This petition by the defendant in O.S.No.205/2018 on the file of the Principal Civil Judge and JMFC, Mandya (for short, the trial Court) is directed against the impugned order dtd. 26/9/2022 passed on I.A.No.V whereby, the said application filed by the petitioner-defendant under Order VI Rule 17 read with Sec. 151 of the Code of Civil Procedure, 1908 seeking permission to amend the written statement as sought for in the application was rejected by the trial Court.

(2.) Heard learned counsel for the parties 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 permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the petitioner-defendant, who filed the instant application (I.A.No.V) after commencement of trial seeking permission to amend the written statement by deleting existing paragraph Nos.7 and 8 and inserting fresh/new paragraph Nos.7 and 8 in addition to incorporating additional pleadings in paragraph No.9 of the written statement. The said application having been opposed by the respondent-plaintiff, the trial Court proceeded to pass the impugned order rejecting the application, aggrieved by which, the petitioner is before this Court by way of the present petition.