ANIT RANI Vs. ONKAR SHARMA

JUDGEMENT

(1.) PETITIONERS have filed this petition challenging the order dated 12.11.2013, whereby application moved by the petitioners for permission to amend the written statement by the First Appellate Court, was declined.

(2.) LEARNED counsel for the petitioner has submitted that the Court below had erred in dismissing the application filed by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure, 1908. The trial court while dealing with issue No.6 had held that the argument raised by defendant No.1 that the entire suit property could be inherited by male heirs was beyond pleadings. Hence, it was necessary to amend the written statement and take up the said plea by way of amendment. Learned counsel for the petitioner has further submitted that only legal submission was sought to be incorporated by way of amendment and no evidence was required to be led in support thereof. In support of his arguments, learned counsel has placed reliance on Rameshkumar Agarwal Vs. Rajmala Exports Private Limited and Others wherein it was held as under: -

(3.) LEARNED counsel has also relied upon Surender Kumar Sharma Vs. Makhan Singh, 2009 4 CivCC 599 wherein it was held as under: -