KARAMAT Vs. ROOPSINGH

JUDGEMENT

(1.) Heard on the question of admission.

(2.) By this miscellaneous petition under Article 227 of the Constitution defendants No.1 to 3 have challenged the order of the trial court dated 14.1.2019, whereby the petitioners' application under Order 6 Rule 17 of the CPC for amendment of the written statement has been rejected.

(3.) Having heard the learned counsel for the petitioner and on perusal of the record, it is noticed that the trial court has passed a well reasoned order rejecting the petitioner's application for amendment in the written statement. The order reflects that the suit is pending since 2014 and the written statement was filed by the petitioner on 25.2.2015. After framing of the issues and at the stage of commencement of the evidence, the petitioners had filed an application for amendment of the written statement on 9.2.2016 which was allowed by the trial court on 2.3.2016. Thereafter again on 1.8.2016 the petitioners had filed second application for amendment of the written statement which was also allowed by the trial court by order dated 9.9.2016. Thereafter the evidence of the plaintiff's witnesses commenced and some of the witnesses were already examined and discharged, then the petitioner had filed this application for amendment of the written statement. The trial court has rightly noted that the proposed amendment will change the nature of the plea of the petitioners in written statement and that the petitioners have not furnished any explanation for not filing the application for amendment promptly. Since the application has been filed after commencement of the trial, therefore, it was required to satisfy the test of due diligence. A perusal of the amendment application reveals that the petitioner has failed to furnish any justifiable reason for not incorporating the plea earlier or for not filing the application for such an amendment before commencement of the trial. Hence no patent illegality has been committed by the trial court in rejecting the petitioner's application for amendment.