HARI NARAYAN Vs. SHANTI DEVI

JUDGEMENT

(1.) Heard Sri Deepak Kumar Jaiswal and Sri Sanjay Maurya, learned counsel for the revisionist and Sri H.R. Misra, learned Senior Counsel assisted by Sri Swatantra Pratap Singh, learned counsel appearing for the opposite party.

(2.) The present revision has been filed against the order dated 23.04.2019 passed by the Additional District Judge, Court No.1, Gorakhpur rejecting the amendment application (Application No.92ga) whereby the amendment sought by the revisionist-defendant in his written statement filed in SCC Suit No.31 of 2012 has been rejected.

(3.) Contention of the learned counsel for the revisionist is that under Order VI Rule 17 the court may at any stage of proceedings allow the amendment of pleadings so as to determine the real question in controversy between the parties, and the trial court has rejected the amendment application without recording any finding to arrive at a conclusion that in spite of due diligence the defendant could not have sought the amendment before the commencement of the trial.