PRADEEP BHARDWAJ Vs. INDIAN BANK

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against an order dated 13.02.2018, passed by the Additional District Judge, Central-04, Tis Hazari Courts, Delhi in Suit No.9737/2016 by which the application of the petitioner/defendant No.3 under Order VI Rule 17 of the Code of Civil Procedure, 1908 [ CPC ] for amendment of the written statement was dismissed. Facts

(2.) The suit was filed on 25.11.1991 [originally in this Court] for recovery of the loan amount of Rs. 7,80,000/- (approximately). The written statement was filed on 17.05.1995 and issues framed by an order dated 11.03.1996. The plaintiff s evidence was thereafter recorded and concluded on 11.07.2003. The suit was thereafter transferred to the Trial Court, after which the evidence of some of the defendants has also been recorded.

(3.) It is at this stage, on 01.08.2017, that defendant No.3 made the application under consideration for amendment of the written statement. The contention of defendant No.3 in the application was that the proposed amendments were required in order to give details of the securities which have been placed by the defendant No.3 with the plaintiff-bank in relation to the loan in question. The application was opposed by the plaintiff inter alia on the ground of delay.