PRATIBHA RANI, J. (Oral)

CM(M) 208/2015

1. The petitioner is aggrieved by the order dated 19.2.2015 whereby the two applications filed by her, one under Order VI Rule 17 CPC with a prayer to amend the written statement and the second application under Order IX Rule 7 CPC for setting aside the ex parte order and giving her an opportunity for leading defence evidence stand dismissed.

2. In the Civil Suit No.198/2014 filed in the year 2008, the petitioner was sued as defendant seeking a decree for specific performance in respect of the agreement to sell and purchase dated 19.4.2005 as well as decree for possession and injunction.

3. Written statement to the said plaint was filed on 20.11.2008. In paragraph 11 of the said written statement the plea taken by the petitioner/defendant reads as under:

“11. Para 11 of the plaint is wrong and denied. It is submitted that on 19.4.2005 a sum of Rs.2,00,000/- was paid by the plaintiff to the defendant as loan and not as bayana/advance/part consideration as alleged. It is denied that on 2/06/05 further consideration of Rs.1 lac was paid to the defendant as alleged. It is denied that on 20/06/06 the plaintiff served any legal notice to