A defendant cannot be allowed to amend its written statement to set up a totally new case or to prejudice the plaintiff's admission in the written statement.

( 1 ) BY this application the defendant wants to amend his written statement. He wants to insert the fact that one Shri S. G. Ghosh of M/s W. S. Atkin and Company, representative of the plaintiff visited the factory premises of the defendants at Bombay and inspected a 15 ton crane. Aftermaking a detailed inspection and testing the same, Mr. Ghosh for and on behalf of the plaintiff signed the inspection report certifying that the performance of the crane found satisfactory in all respects.

( 2 ) IT was alleged in the plaint that the plaintiff placed order for two cranes to be supplied by the defendants. On account of the default of the defendant in supplying the said cranes, this suit for specific performance was filed with alternative prayers either the two cranes be supplied or a decree for the amount deposited by the plaintiff with the defendants together with interest and damages be paid. In para 15-Aoftheplaint,ithasbeenspecifica]lypleaded that the plaintiff deputed its Planning Engineering and Management Consultants to inspect the cranes. The said representative visited the factory premises of the defendant at Bombay. They found several defects in the cranes. In the written statement, these averments have been denied by the defendants. However, when the evidence of the plaintiff was being recorded it transpired that the plaintiff would not be examining his witness Mr. S. G. Ghosh. Mr. Ghosh was cited as one such witness from whom the plaintiff wanted to prove the documents paper and file in that connection. But the said witness the plaintiff gave up Hence deprived the defendant to confront the certificate to Mr. Ghosh and prove that cranes were not defective. The Managing Director of the plaintiff when confronted the signatures of Shri S. G. Chosh on the report dated 31st July,1974, he denied the same. To prove this document is very essential for the defence of the defendant. The defendant had moved an application earlier for placing the said report on record as its their document. The production of the said inspection report dated 31st July, 1974 signed by Shri S. C. Chosh was declined by this Court vide order dated 20th December, 1982 on the ground that the document was a private document and not so pleaded in the written statement. It is in these circumstances that it has become necessary to amend the written statement and to incorporate the facts stated herein above.

( 3 ) THIS application has been contested by the plaintiff, inter alia, on the ground that since the Court after hearing the parties at length passed a detailed order on 20th Decembcr,1982 thereby dis-allowing the defendants to place on 65 record the said document, and now this amendment he wants to circumvent the said order. Moreover, amendment sought is belated. This Court has already held that the said document i. e. the alleged report of Shri S. G. Ghosh dated 31st July,1974 being a private document cannot be set up by way of defence. If the amendment is allowed, it will prejudice the case of the plaintiff. If this document was in the possession of the defendant then why was it not pleaded when the written statement was filed on 15th September, 1978. Now in collusion with Shri S. G. Ghosh this document has been procured, therefore, the defendant wants to fill up this lacuna after the plaintiff led his evidence.

( 4 ) I have heard the learned Counsel for the parties and perused the record. It is a well settled principal of law that so far as allowing the amendment is concerned, the courts have been quite liberal. If the amendment sought is by the defendnat the Courts are more liberal in comparison to that of the plaintiff. But at the same time, we cannot be unmindful of the fact that no amendment of the written statement can be permitted by virtue of which the defendant can set up a totally new case. Only that amendment can be allowed which is explanatory in nature. Reasonable cause has to be shown for seeking amendment at such a belated stag