1. - Heard learned counsel for the petitioner-defendant, tenant and respondent No.1-plaintiff-lessor.

2. This writ petition is directed against the order dated 23.09.2011 whereby the learned trial court has rejected the amendment application of the defendant-petitioner under Order 6, Rule 17 , Civil Procedure Code in a suit for eviction by which the defendant-lessee sought to amend his written statement at the stage of beginning of defence evidence seeking to include the pleading relating to joint ownership of the suit premises besides the lessor- Kishore Kumar, by other family members viz. Bhanwar Lal and Amritlal.

3. Learned trial court has rejected the said application on the ground of delay as according to proviso of Order 6, Rule 17 , Civil Procedure Code, which permits such amendment only before the trial begins, namely, issues are framed in the suit. Learned counsel for the petitioner- defendant, Mr. Sandeep Shah, relying upon a decision of Full Bench of Gujarat High Court in the case of Nanalal Girdharlal & Anr. v. Gulamnabi Jamalbhai Motorwala & Ors. reported in AIR 1973 Gujarat 131 (V. 60 C. 19) (Para 11) submitted that if the amendment is not allowed then the de