JANNAT JOJE CHHIPA Vs. SHRIDHAR & ORS

JUDGEMENT

(1.) Heard.

(2.) By the impugned order dated 02.05.2012, the learned trial court of Additional Civil Judge (Jr. Division) No.3, Jodhpur, has rejected the defendants/petitioners' application under Order 6 Rule 17 CPC seeking amendment in the written-statement, which application was filed by the defendants on 08.07.2011 at the stage of defendants' evidence for which also, number of opportunities had already granted to the defendants.

(3.) Mr. Narendra Thanvi, learned counsel for the petitioners/defendants relying upon the decision of this Court in the case of Abdul Rehman & Anr. Vs. Mohd. Raldu & Ors.,2013 DNJ(SC) 75 and in the case of Vallala Yashodha Vs. Vallala Naga Venkata Laxmi & Ors.,2013 2 CCC 352 submitted that amendment ought to have been allowed in the larger interest since the change in the nature of relief does not change the character of the suit.