Judgment

C.K. Thakker, J.—This interlocutory application is filed by the applicant/appellant in a disposed of appeal. The applicant was the original plaintiff who instituted a suit on the Original Side of the High Court of Delhi for declaration, for specific performance of agreement, for possession of property and for permanent injunction. The suit was filed in 1988. Written statement was filed by the defendants-respondents in 1989 contesting the claim of the plaintiff on merits but without raising any objection as to jurisdiction of the Court. The jurisdiction of the Court was ‘admitted’. The suit was then transferred to District Court, Delhi in 1993. In 1997, issues were framed which did not include issue as to jurisdiction of the Court as it was not disputed by the defendants. After more than eight years of filing of the written statement, however, an application was filed by the defendants under Order 6, Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) seeking an amendment in the written statement by raising an objection as to jurisdiction of the Court. It was contended that the suit was for recovery of immovable property situated in Gurgaon D