SUNITA AGRAWAL Vs. JAGDISH AGRAWAL

JUDGEMENT

(1.) With the consent, matter is finally heard.

(2.) This petition challenges the order dated 22.07.2014 whereby the application preferred by the petitioner / defendant under Order 6 Rule 17 is disallowed by the court below. Rejection is solely based on the ground that belated amendment application which was filed after commencement of trial does not reflect any due diligence. Shri Bhardwaj submits that the necessary ingredients relating to averments which were proposed by way of amendment application are already there in the written statement. In order to elaborate and strengthen the same, amendment was necessitated. It should have been allowed by taking lenient view. He relied on (2007) 6 SCC 167 (Andra Bank Vs. ABN Amro Bank N.V. and Ors.).

(3.) Shri R.K. Soni opposed the same and supported the order impugned.