MANOJ KUMAR JAIN Vs. NAFIS AKHTAR

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India assails the interlocutory order dated 15.10.2014 passed by 3rd Additional Civil Judge Class II in Civil Suit No. 14 -A/2014 whereby an application under Order 6 Rule 17 CPC preferred by defendant no. 3/petitioner herein has been rejected on the ground of failure of the defendant no. 3 to satisfy the requirement of proviso to Order 6 Rule 17 CPC in a suit for eviction and recovery of rent

(2.) THE defendant no. 3 preferred an application for amendment under Order 6 Rule 17 for carrying out certain amendment in his written statement.

(3.) THUS it was necessary for the defendant no. 3/petitioner to demonstrate that despite exercise of due diligence the said amendment could not be brought forth prior to commencement of trial.