ABDUL KALAM AZAD Vs. AMIR HOSSAIN AND ORS.

JUDGEMENT

(1.) THIS revisional application under Article 227 of the Constitution of India is directed against order dated 13.04.2015 passed by learned Civil Judge(senior Division), Gomati District, Udaipur in case No. Civil Misc.12 of 2015, arising out of Title Suit No. 06 of 2013.

(2.) HEARD learned counsel, Mr. B. Banerji for the petitioner and learned counsel, Mr. D.K. Das Choudhury for the respondents.

(3.) IT is submitted by Mr. Banerji, learned counsel for the petitioner that since trial has already commenced and evidence has already been recorded, the trial Court would not allow the amendment, without coming to a conclusion that in spite of due diligence the defendant could not plead those facts in the written statement at the time when the written statement was filed or immediately thereafter before trial was commenced. He has also submitted that no reason at all has been assigned in the petition for amendment as to why those facts, which the defendant -respondent now proposed to add in the pleading, could not be stated at the appropriate stage. In support of his contention, Mr. Banerji has referred the case of Mashyak Grihnirman Sahkari Sanstha Maryadit V. Usman Habib Dhuka & Ors., reported in, 2013 (3) Civil LJ 709, wherein the Apex Court in para -6 and 7 of the judgment has observed thus: -