OM PRAKASH AND OTHERS Vs. KRISHAN DASS 

JUDGEMENT

(1.) Present petition has been filed against dismissal of application preferred by defendantspetitioners under Order 6 Rule 17 of the Code of Civil Procedure (for short 'CPC') for amendment of written statement vide impugned order, dated 19th January, 2017, passed by learned Civil Judge (Senior Division) , Kasauli whereby amendment of words 'tin roof' has been declined to be replaced by the words 'cement roof' in the written statement mainly on the ground that there was no explanation that despite due diligence, defendantspetitioners could not plead the amendment sought after commencement of the trial, at earlier point of time.

(2.) Plaintiffrespondent has filed a suit for permanent prohibitory injunction on 31st January, 2015, wherein he, besides other averments, has pleaded as under:

(3.) In reply to above quoted pleadings, defendantspetitioners, in their written statement, dated 19th February, 2015, have responded as under: