GURMEET SINGH Vs. PARMOD SOOD

JUDGEMENT

(1.) By way of this petition, filed under Article 227 of the Constitution of India, petitioners who were defendants No.1 and 2 in the Civil Suit No.77-1 of 15/2014, have challenged order dated 19.04.2018, passed by the Court of learned Senior Civil Civil, Court No.2, Shimla, H.P., vide which the application under Order 6, Rule 17 of the Code of Civil Procedure for amendment of the written statement, stands dismissed.

(2.) I have heard learned counsel for represented parties and have also gone through the impugned order as well as other documents appended with the petition.

(3.) Under the provisions of Order 6, Rule 17 of the Code of Civil Procedure, a Court can allow amendment of the pleadings, at any stage, provided that the amendment which a party intends to incorporate in the pleadings, in spite of due diligence, could not have incorporated by it earlier.