RAJESH KUMAR GAMBHIR Vs. TRILOK KUMAR GAMBHIR

JUDGEMENT

(1.) Present petition has been filed under Article 227 of Constitution of India by petitioners challenging order dated 18.8.2010, passed by Additional District Judge, Delhi.

(2.) Vide impugned order, application of petitioners under Order 6 Rule 17 Code of Civil Procedure (for short as ,,Code) seeking amendment in the written statement was dismissed.

(3.) Brief facts are that in year 2000, respondent (plaintiff in trial court) filed a suit for possession and mesne profits against petitioners (defendants in trial court). Petitioners filed their written statement on 28.8.2002 and issues were framed on 3.12.2004. In 2010, petitioners filed an application for amendment of their written statement. It would be pertinent to point out that trial commenced in 2004 when respondent was directed to lead its evidence. Petitioners have nowhere mentioned in the list of dates, as to what happened from 2004, till the date of filing of application for amendment.