S.K.GUPTA Vs. S.K.GUPTA

JUDGEMENT

(1.) HEARD learned Counsel for the revisionist-applicant.

(2.) THIS revision challenges the order dated 14-8-2006 whereby the petitioner's application under Order 6 Rule 17 C.P.C. for amendment of the pleadings in written statement has been rejected by the Court below.

(3.) LEARNED Counsel while referring to the proviso attached to Rule 17 of Order 6 C.P.C. has emphasised that the trial in the case has not yet commenced. He has cited the case law of Kailash v. Nanhku and Ors., 2005 (2) AWC 1490 (SC), giving reference to paragraph-14 of the judgment. It has been stressed that the definition of the trial, as given by the apex Court, does not include the recording of evidence in the case and therefore, in the present suit the trial has not yet commenced.