TELECOMMUNICATION CONSULTANT INDIA LTD Vs. ANIL BHASIN

JUDGEMENT

(1.) Cav 824/2019

(2.) The suit was filed by the respondent no. 1 in April, 2019 for recovery of sum of Rs. 18,00,000/- approximately. The petitioners filed their written statement on 23.09.2009 and the suit came to be dismissed on the ground of limitation on 09.07.2012. This Court allowed the appeal of respondent no. 1 against the said order by a judgment dated 06.01.2016, leading to the restoration of the suit in the Trial Court. Issues were framed on 14.05.2016 and evidence of the plaintiff commenced on 30.05.2017. The petitioners filed the application under consideration on 13.09.2017, seeking amendment of the written statement in view of documents dated 21.05.2011 and 15.03.2013 received from MTNL [defendant no. 3 in the suit, impleaded as respondent no. 2 herein].

(3.) The Trial Court has declined permission to amend the written statement on the ground of delay. It has been held that the petitioners have not satisfied the requirement of "due diligence" as provided in the proviso to Order VI Rule 17 of the CPC.