LAWS(DLH)-2014-1-59

DELHI DEVELOPMENT AUTHORITY Vs. MATHURA SINGH

Decided On January 02, 2014
DELHI DEVELOPMENT AUTHORITY Appellant
V/S
MATHURA SINGH Respondents

JUDGEMENT

(1.) THE petitioner (defendant in the suit) has assailed the order dated 15th February, 2013 whereby the application filed by the petitioner under Order VI Rule 17 read with Section 151 CPC seeking amendment of the written statement was dismissed.

(2.) THE brief facts of the case are that the respondent (plaintiff in the suit) filed a suit for permanent injunction against dispossession of the respondent from the suit property without due process of law in May, 1995. The petitioner filed its written statement, raising various objections, in December, 1996.

(3.) THE contention of the respondent was that the application for amendment filed by the petitioner was an afterthought and an attempt to resile from the admissions after a gap of 16 years. There was no explanation on behalf of the petitioner for seeking the amendment.