SANJAY KUMAR SHARMA Vs. ASHOK KUMAR VERMA

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is finally heard.

(2.) Challenge is to an order dated 26/10/2017 passed in Civil Suit No.103-A/2015; whereby, the trial Court dismissed the application under Order 6, Rule 17 of the Code of Civil Procedure, 1908, filed by petitioner/defendant seeking elaboration of pleadings in written statement in respect of the share of the plaintiff in suit property. The trial Court dismissed the application on the findings that the petitioner/defendant failed to show due diligence as the trial had commenced invoking proviso to Rule 17 of Order 6 of Code of Civil Procedure, 1908.

(3.) It is urged on behalf of the petitioner that Trial Court grossly erred in assuming that the trial has commenced. It is urged that except filing an affidavit under Order 18, Rule 4 of CPC no further steps were taken by the plaintiff by presenting his witnesses for cross-examination.