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2017 Supreme(Kar) 1189

A.S.BOPANNA
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
GANGA SINGH S/O. SOHAN SINGH – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI JANARDHAN REDDY, ADV.
For the Respondent: SRI H.T. JAGADEESH, SRI N.V.MANJUNATHA, ADV.

ORDER :

The petitioner is before this Court assailing the order dated 04.10.2016 passed in MVC No.1254/2015.

2. The petitioner herein is the insurer of the vehicle which was involved in the accident. Pending consideration of the petition, the petitioner herein has filed an application under Order 6, Rule 17 of the Civil Procedure Code seeking to amend the written statement. The Tribunal, after taking note of the contention as putforth has rejected the application. It is in that light, the petitioner is before this Court assailing the said order.

3. Having heard the learned counsel for the parties, I have perused the petition papers. A perusal of the order impugned would disclose that the Tribunal has taken note of the manner in which the case had progressed where PWs1 to 3 had been examined on behalf of the petitioner and on behalf of respondent No.1, RW1 has already been examined. It is at that stage, the written statement was sought to be amended by filing the application.

4. It is in that light, the Tribunal being of the opinion that the amendment as sought cannot be permitted at that stage, more particularly in a circumstance when diligence in seeking for such amendment is not esta




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