OM PRAKASH Vs. VIIITH ADDITIONAL D J

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 5.1.2000 passed by the VIII Addl. District Judge, Shahjahanpur in Civil Appeal no. 16 of 1999 Om Prakash and others Vs. Sanjeev Kumar Sharma whereby the court below has rejected the application of the petitioner seeking amendment of his written statement.

(2.) Brief facts of the case, as stated in the writ petition are that the respondent no. 2 filed a suit for permanent injunction against the petitioner which was registered as original suit no. 115 of 1995. The case was contested by the petitioners-defendants therein and a written statement was also filed by which a counter claim was set up by the petitioners-defendants against the plaintiff. The trial court framed issues and both the parties led their evidence and ultimately the trial court decreed the suit on 17.12.1998 against the defendants-petitioners.

(3.) Aggrieved by the judgement and decree dated 17.12.1998 the petitioner filed civil appeal no. 15 of 1999 Om Prakash and another Vs. Sanjeev Kumar. The defendants-petitioners also filed an application on 8.12.1999 under Order VI Rule 17 C.P.C. before the court below seeking amendment of their written statement. The respondent no. 2 herein filed his objections before the court below on 4.1.2000. The matter was heard by the said court and thereafter by the impugned order dated 5.1.2000 the said court rejected the petitioners' application under Order VI rule 17 C.P.C., seeking amendment of his written statement.