NEETA SHARMA Vs. K.K.SAREEN

JUDGEMENT

(1.) THIS appeal is directed against the order dated 12.11.2013 passed by the learned single Judge of this court in IA No. 13515/2013 which was an application filed by the appellant/defendant no.1 seeking to amend the written statement in CS(OS) No. 1318/2005.

(2.) THE amendment that was sought were to incorporate new paragraphs 11,12,13 and 14 in the written statement as legal pleas. Those proposed paragraphs have been set out in the impugned order and for that reason we are not setting out the same herein.

(3.) THE learned single Judge, however, did not accept the contentions raised by the appellant, inasmuch as, he was unable to find any extenuating circumstances which could persuade him to conclude that the proposed amendments could not have been incorporated in the written statement already filed by defendant no.1, in spite of due diligence, before the commencement of the trial in the present case.