MH MALIK Vs. T VENKATASWAMY REDDY

JUDGEMENT

(1.) WRIT Petition is directed against the Order dated First July, 2006 on an application filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, in pending O.S.No.8329/1995 on the file of the Court of XVII Additional City Civil Judge, Bangalore (CCH-16), rejecting the application for amendment of the written statement.

(2.) THE application for amendment of the written statement filed by the first defendant in the suit was undisputedly after a period of four years of amendment of the plaint in the suit. THE Trial Court being of the view that allowing the application will alter the nature of the defence set up by the applicant-defendant, rejecting the application. Aggrieved by this Order, the present petition is filed.

(3.) BE that as it may, the fact remains that the respondent is not represented before the Court and it is not clear whether the respondent has been effectively served. In the light of the facts and circumstances of the case, this aspect cannot assume much importance.