JOGINDER SINGH Vs. GURDEEP SINGH

JUDGEMENT

(1.) The present Appeal has been filed by Mr. Joginder Singh (hereinafter referred to as the appellant, for short) against the Order dated 16th March, 2006 passed by the learned Single Judge dismissing his application for amendment of the written statement under Order VI, Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code, for short). By the said amendment application, the appellant wanted to incorporate the following sentence in paragraph 7 of the preliminary objections and paragraph 24 of the reply on merits:-

(2.) Learned Single Judge has dismissed the said application on two grounds. Firstly, it was observed that the application was not maintainable in view of the proviso to Order VI, Rule 17 incorporated by the Code of Civil Procedure (Amendment) Act, 2002 (hereinafter referred to as the Amending Act of 2002, for short) which came into force w.e.f. 1st July, 2002. Secondly, there was delay in filing of the application as the same was filed nearly after four years.

(3.) We have heard learned counsel for the parties and examined the records and pleading brought to our notice.