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2021 Supreme(Raj) 1083

PRAKASH GUPTA
Mahendra Kumar Dhakar – Appellant
Versus
Venkatraman Dhakar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Amit Jindal, Advocate
For the Respondents:Hemant Sharma, Advocate

JUDGMENT :

Prakash Gupta, J.

1. This writ petition has been filed by the petitioners-defendants (for short, 'the defendants'), against the order dated 13.7.2016 passed by the Trial Court whereby the application filed by the defendants u/O. 6 R. 17 CPC seeking to amend the written statement has been dismissed.

2. Facts of the case are that the respondents-plaintiffs (for short, 'the plaintiffs') filed a suit for cancellation of the sale deed dated 26.4.2007. The defendants filed their written statement, but inadvertently the word 'not' was left to be written/typed and it was mentioned that the suit property is in possession and khatedari of the plaintiffs for the past 30 years. The defendants filed an application under Order 6 Rule 17 CPC seeking to amend the written statement, but the same came to be dismissed by the trial court vide its order dated 13.7.2016. Hence, this writ petition.

3. Learned counsel for the defendants submits that it was specifically mentioned by the defendants in paras 7, 9, 10 and in para 1 of additional pleas of the written statement that they are in possession of the land in dispute for the last 30 years. But inadvertently in para 2 of the additional pleas, i

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