OM PAUL Vs. KANWAR RANDEEP SINGH

JUDGEMENT

(1.) THIS petition is instituted against the order dated 13.2.2014 rendered by the Civil Judge (Senior Division), Amb, District Una in case No. 2/2008.

(2.) PERTINENT facts necessary for the adjudication of this petition are that respondent -plaintiff (hereinafter referred to as the "plaintiff" for convenience sake) has instituted a suit against the petitioner -defendant for possession through specific performance of agreement dated 6.7.2006 qua the suit land, as detailed in the plaint.

(3.) SUIT , as noticed above, was filed in the year 2008. Six witnesses of the plaintiff have already been examined. The application under order 6 rule 17 of the Code of Civil Procedure has been filed at a belated stage. The Court has gone through the contents of the application. It is evident from the averments made in the application that nature of the written statement would change thereby causing definite prejudice to the plaintiff as the application for amendment of written statement has been moved after a lapse of five years of filing of the written statement. The application has been filed just to delay the proceedings. It was necessary for the defendant to establish that despite his due diligence, he could not file the application before the commencement of trial. The issues already stood framed in the year 2008.