M.S. GNANAMBIKA Vs. V. SUBRAMANYAM

JUDGEMENT

(1.) This civil revision petition is filed under Article 227 of the Constitution of India, challenging the order dtd. 7/3/2019 passed in I.A.No.858 of 2018 in O.S.No.376 of 2016 by the Senior Civil Judge, Puttur, whereby, the petition filed under Order VI Rule 17 of Civil Procedure Code (for short "C.P.C.") to amend the written statement, was dismissed.

(2.) The petitioner is the sole defendant and filed petition under Order VI Rule 17 of C.P.C. on the ground that on receipt of summons from the Court without receiving any document i.e. document sued upon annexed to the list of documents, engaged counsel and filed written statement. As the agreement of sale is created by the plaintiff, the petitioner advised his counsel to get the agreement of sale filed by the plaintiff and his counsel obtained the same along with his written statement and informed him that the suit coming up for cross-examination of P.W.1. Later, the petitioner approached his counsel and verified the agreement of sale and came to know that the alleged attestors and scribe of agreement of sale are kith and kin of the plaintiff and fabricated the same for wrongful gain. Therefore, he sought leave of the Court to raise a plea of fabrication of document.

(3.) Respondent - plaintiff opposed the petition on various grounds by filing detailed counter.