YUSUF KHAN Vs. SK. TOBARAK ALI AND ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner -defendant No. 1 in the suit challenging an order dated 25.04.2008 passed by the trial Court in rejecting an application under Order 6 Rule 17 read with Sec. 151 of C.P.C. for amendment of the written statement and also challenging the order of rejection dated 10.01.2013 on an application by the defendant No. 1 for review of the order dated 25.04.2008.

(2.) Short fact involved in the case is that the plaintiff filed T.S. No. 119/31 of 05/02 as against the petitioner -defendant No. 1 and the opposite party Nos. 2 to 9 for decree of partition with other reliefs. The contesting defendants including the present petitioner on their appearance filed their written statement including a counter claim.

(3.) It is averred that during pendency of the suit, the petitioner discovered certain documents, which was in the custody of the deceased father and came to know the consequential factual position. As a result of which, the petitioner filed an application for amendment of the written statement and the amendment application was filed on 15.04.2008.