SHARATH Vs. SAVITRI YAMANAPPA RAMAGOUDA AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the respondent.

(2.) The petitioner is the defendant and he is before this Court being aggrieved by the order passed by the Trial Court dated 27.07.2017 rejecting the application, I.A. No. 11, preferred under Order 6, Rule 17 of CPC.

(3.) The Trial Court has rejected the application on the ground that the present application amounts to inventing a new ground of defence and it does not amount of elaboration and that too the same is filed after the death of defendant No. 7, which creates a suspicion. Further held that as recording of evidence has already commenced, the application is barred by the proviso.