JUDGMENT :

Rajiv Sahai Endlaw, J.

Application of the plaintiffs, for summary judgment in favour of the plaintiffs is pending consideration. The defendants no.1 and 4 have thereafter filed IA No.1701/2019 and 1702/2019 for amendment of their written statements. It is however the settled position in law, that an application for amendment of pleadings, even if filed subsequent to the application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) or under Order VII Rule 11 of the CPC or for summary judgment, is to be considered first. Accordingly, the counsel for the defendants no.1 and 4 and the counsel for the plaintiffs have been heard on IAs No.1701/2019 and 1702/2019.

2. I may at the outset state that both the applications for amendment of written statements have been filed, invoking Section 151 of the CPC. Upon attention of the counsel for the applicants / defendants no.1 and 4 being drawn to the said fact, he states that though he had filed the application invoking Order VI Rule 17 of the CPC but the Registry of this Court raised an objection and asked the counsel to file the application under Section 151 of the CPC and accordingly the change was made.

3. On enquiry,