BADRINARAYAN BANSILAL SOMANI Vs. VINODKUMAR K SHAH

JUDGEMENT

(1.) Heard the learned Advocates for the parties. Rule. By consent, rule made returnable forthwith.

(2.) The petitioner challenges the order dated 19th April, 2002 rejecting the application for amendment of the written statement filed by the petitioner. By way of amending the written statement the petitioner has sought to take additional ground of defence in the suit. The Court below has rejected the application on the ground that the proposed amendment is totally a new case.

(3.) At the out set the learned Advocate for the respondent referring to the amended Rule 17 of Order VI has submitted that in the absence of the petitioner disclosing sufficient cause for delay in filing the application for amendment to the written statement, there is no case for interference in the impugned order and the petition should be dismissed in limine.