RAJESH BHAGIRTH (DR ) Vs. PRADEEP SETHI

JUDGEMENT

(1.) This application under Order 6 Rule 17 Civil Procedure Code has been made by defendant for amendment of written statement. The defendant has sought amendment of the written statement on the ground that he suddenly got awaken up to the stand taken by plaintiff in the replication and realized that no defence has been put by him to this stand.

(2.) A perusal of plaint shows that the stand of the plaintiff from the very beginning has been that the plaintiff has purchased the first floor of the property plus 65 sq.ft. of covered area as servant quarters on the terrace above the second floor along with common toilet and 10 sq yards of the area forplacing water tanks with use of the stairs for coming up to terrace. In an application moved by defendant under Order 14 Rule 5 Civil Procedure Code defendant himself has reproduced the stand taken by plaintiff.

(3.) Now in this application under Order 6 Rule 17 Civil Procedure Code defendant pleads that he was not aware of the stand of plaintiff and has suddenly woken up. This stand of defendant cannot be believed. Moreover, by way of amendment defendant wants to add around ten more preliminary objections in previously taken 20 preliminary objections making the total preliminary objections more than his actual paragraphs in reply.