A.N. JINDAL, J (ORAL)

The order dated 06.04.2012 (Annexure P-5) passed by the Additional District Judge, Ludhiana, dismissing the application filed by the petitioner under Order 6 Rule 17 CPC for amendment of the written statement, is under challenge.

Learned counsel for the petitioner states that the proposed amendment in para No.2 of the preliminary objections, has already been pleaded in para No.18 of the written statement, but just to make clarification of the preliminary objections, the petitioner wanted to make necessary amendment in para No.2 of the preliminary objections.

The adversary contends that the respondent has already filed rejoinder to the written statement and the trial has already commenced, therefore, the petitioner cannot be allowed to amend her written statement. In support of his contention, he has placed reliance on the judgments delivered by the Hon'ble Supreme Court in cases Raj Kumar Gurawara (dead) through LRs. Vs. S.K. Sarwagi and Company Private Limited and another, (2008)14 Supreme Court Cases 364 and Vidyabai and others Vs. Padmalatha and another, (2009) 2 Supreme Court Cases 409.

Heard. Both the parties accept that the evidence of the petitioner