JUDGMENT (ORAL)

C. Hari Shankar, J.

1. This petition, under Article 227 of the Constitution of India, assails order dated 3rd January 2022 passed by the learned Civil Judge in CS 84960/2016 (Nisha Taneja v. Sarita Ravi). By the said order, the learned Civil Judge has dismissed two applications preferred by the defendant under Section 151 of the Code of Civil Procedure, 1908 (CPC).

2. Though both applications were preferred under Section 151, the learned Civil Judge has treated them as applications under Order VI Rule 17 and Order XVIII Rule 17 of the CPC, inasmuch as the first application sought to amend the written statement and the second application sought permission to recall PW-1 for cross-examination.

3. Mr. Lalit Bhardwaj, learned Counsel for the petitioner, submits, at the very outset, that the second application under Order XVIII Rule 17 of the CPC would survive for consideration only if the first application under Order VI Rule 17, seeking amendment in the written statement, were to be allowed.

4. As such, the occasion for this Court to examine the impugned order qua the second application under Order XVIII Rule 17 of the CPC would arise only if the court were to