DAZY SEMSAN CHRISTI Vs. SURJITSINGH JASVANTSINGH SALUJA

JUDGEMENT

(1.) THE present petition is filed by the petitioner - original defendant being aggrieved by an order passed below application Exh. 77 in Summary Civil Suit No. 896 of 2002 dated 09. 09. 2004. The order impugned reads as under:-

(2.) THE learned advocate for the petitioner could not point out as to why these facts were not narrated or stated in Written Statement Exh. 23. In absence of any explanation for not stating these facts, which are sought to be brought on record by filing application Exh. 77 for the amendment of the Written Statement, this request cannot be granted and it is rightly not granted by the learned Judge. The learned trial Judge has rightly recorded that the party has to show that it was despite its due diligence, party was not able to discover the facts which are sought to be placed on record by way of amendment or that it was the circumstances beyond control, that the party was not able to place those facts on record of a case which are sought to be placed by way of amendment.

(3.) IN view of above, the present petition is found without any substance and the same is dismissed. Rule is discharged. Interim relief, if any, is vacated. No costs.