M.N. Bhandari, J.—The present writ petition has been filed to challenge the order dt. 20.09.2007.

2. Learned counsel for the petitioner submits that application moved by the petitioner under Order 6 Rule 17 read with Sec. 151 C.P.C. was rejected by the Court below though not only the amendment but even document regarding receipt of advance of Rs. 70,000/- by the non-petitioner was material in that regard and even necessary averments were also made in the written statement. During the course of arguments learned counsel for the petitioner submits that even if amendment in written statement is not allowed, then also the document showing receipt of advance of Rs. 70,000/- may be allowed to be taken of record, thus the present writ plaintiff has been pressed mainly for taking the aforesaid document on record.

3. Learned counsel for the respondent on the other hand submits that the document showing receipt of advance of Rs. 70,000/- is being produced contrary to the statement of the defendant petitioner himself inasmuch as in his statement/cross-examination dt. 12.05.2005, it was admitted by the petitioner that he is not having receipt or has not written advance of receipt of Rs. 70,000/-

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