MOHKAM SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) INSTANT civil revision has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 04.10.2013 (Annexure P -3) passed by learned Civil Judge (Jr. Divn.), Kaithal whereby application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (in short "the Code") moved by the petitioner - defendant no.1 for amendment of written statement has been dismissed.

(2.) SHORN of unnecessary details, the facts relevant for disposal of the present petition are to the effect that respondent -plaintiff filed suit for recovery of Rs. 1,11,100/ - including interest calculated upto 18.08.2010 along with pendente lite and future interest @ 11.75% per annum with monthly rests against the petitioner -defendant no.1 and defendant no.2 -Civil Surgeon, General Hospital, Kaithal. When the suit was fixed for defendants' evidence, the petitioner -defendant no.1 filed application under Order VI Rule 17 of the Code for amendment of written statement. The petitioner wants to take following preliminary objections in addition to preliminary objections in the original written statement:

(3.) INITIALLY , written statement was filed on 09.03.2011 and after a period of more than one year and nine months, the application for amendment of written statement has been filed. The suit is at the stage of leading evidence by the petitioner -defendant. The amendment has been sought after the commencement of trial. If the amendment sought is allowed, the same will virtually amount to de novo trial. In view of amended provisions of the Code, after commencement of trial, only formal amendment can be allowed. In the present petition, the amendment sought will change the entire scenario and by virtue of same, the petitioner will be able to withdraw the admissions made in written statement.