SUKHDEV SINGH Vs. BAL KRISHAN

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution prays for setting aside order dated 30.10.2004 (Annexure P-1) passed by the Civil Judge (Jr. Division), Rajpura dismissing the application filed by the defendant-petitioner under Order VI Rule 17 of CPC for amendment of the written statement.

(2.) BRIEF facts of the case necessary for deciding the controversy raised are that the plaintiff-respondent filed Civil Suit No. 413 dated 2.11.2000 for possession of the site/stop. The details of the aforementioned property are mentioned in the head note of the plaint. After the plaintiff-respondent had concluded his evidence, the case was fixed for evidence of the defendant- petitioner and last opportunity was granted to him to conclude his evidence. It was on that date that an application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for brevity, 'CPC') was filed. The trial Court has dismissed the application by holding that the amendment has been sought merely to prolong the proceedings and the plea sought to be raised by incorporating the amendment is inconsistent with the plea already taken. It has further been observed that the plaintiff-respondent has already adduced his evidence in accordance with the plea taken by the defendant-petitioner in the written statement and the issues framed.