HOTEL COUNTRY INN Vs. VIJAYLAXMI TRAVEL

JUDGEMENT

(1.) THE petitioner before this Court has filed this present writ petition being aggrieved by the 1/10/2013 passed by the learned trial Court by which the application for amendment has been turned down.

(2.) FACTS of the case reveal that the respondent before this Court has filed a civil suit against the petitioner who is the defendant and after commencement of the trial, an application was preferred under Order 6 R. 17 of the Code of Civil Procedure, 1908 for amending the written statement. The order sheet which is impugned herein, reflects that number of opportunities were granted for cross examining the plaintiff and the present petitioner who is a defendant, did not cross examine the plaintiff and on the contrary preferred an application for amendment. The trial Court has exercised its jurisdiction keeping in view the peculiar facts and circumstances of the case and has rejected the amendment application.

(3.) LEARNED counsel for the petitioner has placed reliance upon a judgment delivered in the case of Andhra Bank Vs. ABN Amro Bank N.V., and Ors., 2007 AIR(SC) 2511 and his contention is that in the light of the aforesaid judgment, an amendment application should have been allowed. This Court has very carefully gone through the aforesaid judgment as well as the order sheet dated 1/10/2013. The amendment application was filed after the commencement of the trial. Order sheet also reflects that the defendant was making an attempt to delay the proceedings and, therefore, the trial Court has dismissed the amendment application.