PRADUMAN KUMAR JAIN Vs. GLOBAL EXPORTS

JUDGEMENT

(1.) BY way of the present petition under Article 227 of the Constitution of India read with Sections 115 and 151 CPC, the petitioner/plaintiff has assailed order dated 16th August 2010 passed by the learned Addl. District Judge, Tis Hazari, Delhi whereby the application of the respondents (defendants in the suit) under Order VI Rule 17 read with section 151CPC (hereinafter referred to as "the said application") was allowed.

(2.) BRIEF facts for adjudication of the present petition are that the petitioner had filed a suit for recovery against the respondents wherein the said application was filed for amendment of the written statement by the respondents. The said application was moved for amendment of the written statement for the second time. The first application was filed after filing of the replication for inserting M/s Anil Enterprises as a party in its counter claim and also to withdraw the plea of limitation, taken earlier in the written statement. The same was allowed.

(3.) AFTER the tendering of evidence by the petitioner, when the matter was posted for cross examination by the respondents, the said application was moved for amendment of the written statement to reintroduce the plea of limitation.