MADAN LAL Vs. NATHI RAM

JUDGEMENT

(1.) The present revision petition is directed against the impugned order dtd. 29/11/2016 (Annexure P-6), whereby the application of the petitioner-defendant for amendment of the written statement at evidence stage by incorporating the factum of mortgage deed dtd. 30/6/2013, in a suit for specific performance of agreement to sell dtd. 17/11/2011, has been declined.

(2.) Learned counsel appearing on behalf of the petitioner submitted that though the mortgage deed is prior to filing of the suit, but this fact could not be incorporated in the written statement due to inadvertence. The amendment is essential and necessary as it would help the Court for adjudication of the lis as to whether the plaintiff would be entitled to discretionary relief or not.

(3.) Learned counsel for the respondent supported the impugned order and submitted that once the suit was post to the mortgage deed, there was no compliance of expression 'Despite Exercise of Due Diligence' in view of the amendment caused in Order 6 Rule 17 of CPC. The aforesaid amendment is totally a different stand, which cannot be permitted to be incorporated, thus, urges this Court for dismissal of the present revision petition with exemplary costs.