SHIKSHAN PRASARAK MANDAL Vs. MAYAPPA

JUDGEMENT

(1.) The petitioner is before this Court under Art. 227 of the Constitution of India assailing the order dated 13.06.2018 in O.S. No. 204/2016 on the file of the Senior Civil Judge & JMFC, Raibag vide Annexure-E.

(2.) The petitioner is the plaintiff and respondents are defendants in O.S. No. 204/2016 filed for specific performance of contract. When the suit was at the stage of cross-examination of P.W.1 the defendants filed application under Order VI Rule 17 of Civil Procedure Code to amend the written statement to incorporate certain facts, that is to say with regard to sale deed executed by defendant no.1 in favour of defendant No.3 on 13.01.2014. Further it is stated that the scheduled land is a granted land. Hence, the defendant could not have executed the agreement during the non alienation period. It is also stated in the amendment application that the defendants never approached the plaintiff offering to sell the suit schedule property. It is stated in the affidavit in support of the application that while instructing the Advocate to prepare the written statement this information was inadvertently not furnished. Hence, it became necessary for them to file amendment application.

(3.) Per contra plaintiff filed objection opposing the amendment. It is stated that the averments which the defendants intend to add were within the knowledge of defendants even before filing the written statement. Hence, the defendant be not permitted to amend the written statement. It is also stated in the objection statement that the averments which the defendants intend to add are already on record. Hence, prayed for dismissal of the application.