DEVENDRA SINGH REKHI Vs. BHEEMSAIN

JUDGEMENT

(1.) THE petitioner -defendant has challenged the order dated 1.2.2014 passed by the Addl. District Judge No. 1, Alwar, whereby the learned Judge has dismissed the petitioner's application under Order 6, Rule 17 CPC, and has declined to permit him to amend the written statement filed by him and has also rejected his application under Order 14, Rule 5 CPC for framing further issues.

(2.) THE learned counsel for the petitioner has vehemently contended that it was the case of the petitioner that since he was arrested in a criminal case, and during his judicial custody, he was admitted in a hospital. Therefore, he could not contact his counsel. Thus, the written statement submitted by his counsel is an incomplete one. Therefore, the same needs to be amended and certain paragraphs need to be introduced in the written statement. Hence, the petitioner had cogent reasons for his inability to submit a complete written statement bringing all the relevant facts on record. Secondly, the proposed amendments i.e. introduction of para 41 to 50 would permit the petitioner to deny some of the facts mentioned by the respondent -plaintiffs. In case these amendments are not permitted in the written statement, it would prevent the petitioner from submitting the necessary evidence during the course of the trial.

(3.) HEARD the learned counsel for the petitioner and perused the impugned order.