SAMRATHMAL Vs. MOHAMMED IQBAL

JUDGEMENT

(1.) With the consent of the learned counsels for the parties the petition is heard finally at the admission stage.

(2.) The present petition is directed against the order dated 4.3.10 passed by the Addl. District Judge, Fast Track, Abu Road (hereinafter referred to as 'the trial court') in Civil Suit No. 88/08, whereby the trial court has dismissed the application of the present petitioner-original defendant filed under Order VI rule 17 of CPC.

(3.) The short facts giving rise to the present petition are that the present respondent-original plaintiff has filed the suit before the trial court seeking recovery of Rs. 55,020/- against the petitioner-defendant. The said suit has been contested by the petitioner by filing written statement denying the allegations and averments made in the plaint. Subsequently, the petitionerdefendant filed an application under Order VIII Rule 1A(3) of CPC for taking on record the Registration Certificate of the vehicle. The said application was granted by the trial court vide order dated 12.8.09. The petitionerdefendant thereafter submitted an application under Order VI Rule 17 of CPC seeking amendment in the written statement by incorporating para No. 5 and 6 in the said written statement. The said application was opposed by the respondent-plaintiff by filing the reply. The trial court vide the impugned order dated 4.3.10 rejected the said application of the petitionerdefendant. Being aggrieved of the said order, the petitioner has filed the present petition under Article 227 of the Constitution of India.