Munshi Ram vs Rakesh & Ors on 15 November, 2023
5. Learned counsel for the petitioner-plaintiff submitted that the
impugned order vide which the application for amendment in the written
statement was allowed, is not sustainable. Learned counsel submitted that
totally contrary stand to that taken in the original written statement was
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sought to be taken in the amended written statement which would not be
permissible. Learned counsel submitted that the respondent-defendant No.3
could not be permitted to take a diametrically opposite stand by way of an
amendment and that too at a belated stage when the entire evidence of the
petitioner-plaintiff had been concluded. Learned counsel referred to the
provisions of Order 6 Rule 17 CPC and submitted that the amendment was
introduced by the legislature with a specific purpose in mind and by
allowing the application, the said purpose had been defeated. Learned
counsel placed reliance upon the judgment of a Coordinate Bench of this
Court in Palak and another versus Gurdeep Singh 2019 (3) R.C.R. (Civil)