DAVID PAINT INDUSTRIES Vs. ANANDSONS TRADE LINDERS

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of india, the petitioner has assailed the order dated 31st January 2007 passed by the learned ADJ whereby an application of the defendants (the petitioners herein) under Order 6 Rule 17 for amendment of the written statement was dismissed.

(2.) THE defendants had filed written statement initial on 3rd June 2006 thereafter issues were framed by the trial court on 13th July 2006 and the case was fixed for the plaintiff's evidence and the examination in chief of the witnesses of the plaintiff by way of affidavits were filed. The defendants made this application subsequently seeking leave to amend the written statement and to incorporate the plea that the suit was bad for mis joinder of the parties. The defendants also wanted to incorporate a plea that he was entitled to suspend the payment of the rent as the plaintiff No. 2 had disconnected the electricity of the suit premises. The defendant wanted to take another plea that the license agreement executed between the parties was an interim document.

(3.) THE only reason given by the defendants in seeking amendment of the written statement was that these facts could not be incorporated earlier on the ground of inadvertence and oversight.