MANMOHAN SINGH, J. 1. By this order, I shall dispose of I.A. No.1650/08 filed by defendant under Order VI Rule 17 read with Section 151 of the CPC,1908 seeking amendment of the written statement.

2. The plaintiff has filed a suit for recovery of Rs. 17,01,672.20 against the defendant towards arrears of instalments under the Hire-Purchase agreement of the machinery.

3. The brief facts are that by order dated 1st March, 2007 Joint Registrar of this Court had rejected the IPA filed by the defendant under Order XXXIII Rule 5 (f) CPC while coming to the conclusion that the defendant has failed to prove that he was either an indigent person or has failed to prosecute certain claims pleaded in the counter claim which are prima facie time barred.

4. Against this order, the defendant filed an appeal under Rule 4 Chapter XI of Delhi High Court (Original Side) Rules, 1967 being O.A. No.3/2007. The said appeal was listed before this Court on 18th September, 2007 when a statement was made by the defendant to the effect that the counter claim in its present form shall be withdrawn by the defendant and appropriate application in this regard would be filed.

5. Thereafter, the defendant file

Click Here to Read the rest of this document