MEHMOOD Vs. NASRUDDIN

JUDGEMENT

(1.) CM No. 7379-CII-2017 Applicant seeks preponement of the date of hearing from 25.5.2017 to today, i.e. 30.3.2017. Learned counsel for the applicant submits that he was under wrong impression that next date given on 22.3.2017 is 29.3.2017, however, later on, he came to know that case was adjourned to 25.5.2017. He prays for preponement of date of hearing, as the next date of hearing before the learned trial court is 31.3.2017. Prayer seems to be genuine and the same is hereby accepted. Date of hearing is preponed from 25.5.2017 to today. CM stands disposed of. C.R. No. 2091 of 2017 Present revision petition filed under Article 227 of the Constitution of India, at the hands of defendants, is directed against the order dated 28.2.2017 (Annexure P-1), whereby their application under Order 6, Rule 17 of the Code of Civil Procedure('CPC' for short), was dismissed by the learned first appellate court, declining their prayer for amendment in the written statement.

(2.) Heard learned counsel for the petitioners.

(3.) It is a matter of record that plaintiffs-respondents filed a suit for possession by way of redemption. Present petitioners defendants filed their written statement, admitting themselves to be mortgagees on the suit land. It was so recorded in the revenue record. Both the parties to the litigation were granted sufficient opportunities to lead their documentary as well as oral evidence.