1. - By this writ petition, a challenge is made to the order dated 24th March, 2006 whereby the application under Order 6 Rule 17 of Civil Procedure Code for amendment in the written statement was dismissed.

2. Learned counsel for the defendant-petitioners submits that application under Order 6 Rule 17 of Civil Procedure Code for amendment in the written statement is to be decided liberally. The amendment in the written statement is for advancement of cause and to bring true facts on record. Learned Court below dismissed the application after discussing the facts on merit, though jurisdiction does not lie to discuss the issue on merit while deciding the application under Order 6 Rule 17 of Civil Procedure Code.

A reference of judgment of Hon'ble Supreme Court in the case of Andhra Bank v. ABN AMRO Bank N.V. & Ors. reported in (2007) 6 SCC 167 has been given.

It is further stated that delay in making application for amendment in written statement is not fatal. The application for amendment cannot be rejected on the aforesaid ground. The judgment of Hon'ble Supreme Court in the case of Baldev Singh & Ors. etc. v. Manohar Singh & Ors. etc. reported in JT, 2006(45) AIC 82 (SC