KELA Vs. BALWAN SINGH AND ORS

JUDGEMENT

(1.) In a suit seeking a decree of possession by way of specific performance of the agreement dated 8.5.2007, amendment had been sought in the written statement when trial had already commenced and witnesses of the plaintiff had already been examined. The petitioner-defendant had availed six opportunities to cross-examine the said witnesses and had been seeking repeated adjournments.

(2.) When we examine the nature of amendment sought to be introduced in the written statement already on record, it clearly transpires that an attempt is for withdrawing the admissions already made by the petitionerdefendant and the amendment sought entirely changes the stand of the petitioner-defendant. At this stage Rule 17 of Order VI CPC for ready reference, is appended as below:-

(3.) It is worth noticed that by seeking amendment admissions already made are sought to be withdrawn. There is complete lack of due diligence. Even otherwise the amendment sought to be introduced is about the facts which were well within the knowledge of the petitioner-defendant since long.