MANMOHAN SINGH, J

1. The plaintiffs have filed the instant suit for recovery of possession and mesne profit/damages for use and occupation against the defendants in respect of the flat situated at the first floor of the property bearing No.D-33, Rajouri Garden, New Delhi110027 (hereinafter referred to as the „suit property?). In the suit, issues are yet to be framed and written statement filed by the defendants is already on record.

2. There was an agreement dated 14.4.2004 for sale of Portion „B?Flat on First Floor of property No.D-33, Rajouri Garden, New Delhi-1100 27 in favour of the defendants for a total consideration of Rs.45,00,000/-by the plaintiffs.

3. During the pendency of the suit, the defendants filed an application under Order VI, Rule 17 read with Section 151 of Code of Civil Procedure, 1908 for amendment of their written statement.

4. The reasons given by the defendants is that after filing their written statement on 03.02.2010, on the basis of a second opinion from another counsel, they were informed that certain legal objections to the maintainability of the suit and the counter claim have not been raised in their written statement, therefore, the presen