AALOK KHANNA Vs. RAJDARSHAN HOTEL PVT. LTD.

JUDGEMENT

(1.) The appellant has filed an application under Order VI, Rule 17 read with Sec. 151 CPC seeking amendment in the written Statement. The appellant has given out the reasons {facts (a) to (h)} in the application necessitating filing of the present application and has prayed that para-17(a) to 17(t) as indicated in the application be ordered to be incorporated in the written statement. Further, the applicant has also produced Annexure-A to Annexure-N along with the application in support of the proposed averments sought to be made in the written statement, which also are prayed to be taken on record along with the amendment.

(2.) A reply to the application has been filed by the respondent challenging the maintainability of the application on the ground of state as well as in view of the proviso of Order VI, Rule 17 CPC. Further objections have been raised regarding the nature and the veracity of the documents sought to be produced.

(3.) It is submitted by learned counsel for the appellant that the proposed amendment does not change the nature of the defence, which has already been taken by the appellant by way of filing of the written statement before the trial court and, therefore, the proposed amendment deserves to be allowed as the same is not likely to cause prejudice to the respondent-plaintiff, who is well aware of the case of the appellant-defendant.