Sangeet Lodha, J.

1. This writ petition is directed against order dated 2.3.07 passed by the Additional District Judge (F.T.) No.2, Bhilwara in Civil Suit No. 137/04, whereby an application preferred by the defendants-respondents under Order 6 Rule 17 of the Civil Procedure Code, 1908 ( in short "CPC" hereinafter) seeking leave to amend the written statement, stands allowed.

2. It is contended by the learned counsel for the petitioner that the learned trial court has committed grave error of law and facts by allowing the application. It is submitted by the learned counsel that by way of amendment at such a belated stage, when the matter was fixed for rebuttal evidence, the defendants cannot be permitted to take altogether a different stand. The learned counsel submitted that the agreement on the strength of which the amendment was sought for must be in possession of the defendants-respondents and therefore, it cannot be said that inspite of due diligence, the defendants could not have raised the matter before the commencement of the trial, which is sought to be raised by way of amendment. Accordingly, it is submitted by the learned counsel that in view of the provisions of