Amendments to pleadings under Order 6 Rule 17 CPC are not permitted after trial commencement unless due diligence is demonstrated, which was not shown in this case.

JUDGMENT :

Vikas Bahl, J.

1. Present revision petition has been filed by the defendant under Article 227 of the Constitution of India for setting aside the impugned order dated 23.08.2024 (Annexure P-1) passed by the Civil Judge (Junior Division), Patiala in CM/643/2018 titled as Mubarik Rai Vs. Rajinder Pal Sachar pending for 03.10.2024, whereby the application dated 26.04.2023 (Annexure P-13) filed under Order 6 Rule 17 CPC for amendment of the application under Order 9 Rule 13 CPC has been dismissed.

2. Brief facts of the case are that the respondent (now represented through his LRs) filed a suit for declaration to the effect that the respondent was the owner in possession of the property in question. The present petitioner/defendant (now represented through his LRs) were proceeded against ex-parte and vide the judgment and decree dated 08.10.1999 (Annexure P-3). The suit filed by the respondent-plaintiff was dismissed. An appeal was filed by the respondent-plaintiff and even in the said appeal, the present petitioner/defendant was proceeded against exparte by observing that notice in the appeal was issued to the petitioner/defendant and since he was proceeded ex-parte before the trial Court, his presence was dispensed with, vide order dated 16.03.2000 (Annexure P-6), passed by the District Judge, Patiala and the said appeal was allowed and the suit of the respondent-plaintiff was decreed.

3. The petitioner had initially moved an application under Order 41 Rule 21 read with Section 151 CPC for setting aside the exparte judgment and decree dated 19.03.2002 passed by the 1 st Appellate Court, but vide order dated 01.03.2018 (Annexure P-8), the same was withdrawn with liberty to file a fresh application under Order 9 Rule 13 CPC before the trial Court. Thereafter, an application dated 13.07.2018 under Order 9 Rule 13 CPC read with Section 151 CPC (Annexure P-9) was filed by the petitioner before the trial Court on 16.07.2018 and along with the said application, an application under Order 5 of the Limitation Act for condonation of delay in filing the said application was also filed. A reply was filed to the said application (Annexure P-11) as well as to the application filed under Section 5 of the Limitation Act (Annexure P-12) by the respondent-plaintiff. In the reply dated 24.07.2019, the respondent-plaintiff, apart from other pleas, had raised a plea that the application dated 13.07.2018 had been moved after a period of 19 years from the date of passing of the judgment and decree dated 08.10.1999. Issues in the said application were framed on 03.09.2019 and thereafter, even two witnesses of the petitioner in the said proceedings have been examined and it is thereafter on 26.04.2023, an application under Order 6 Rule 17 read with Section 151 CPC for the amendment of application under Order 9 Rule 13 CPC was filed in order to incorporate para 5-A, which reads as under:

“That on 27-8-2015 applicant Rajesh Sachhar in routine went in the portion of house in question which is in their possession to take some articles and when he was sitting in room suddenly wife of Rajinder Pal Sachhar, her daughter along with 4/5 ladies forcibly entered in the room and started throwing articles out of room and further threatened him that they will involve him in false case. Later on under the influence of respondents, a false case was registered against Rajesh Sachhar by the police authorities. Apprehending his arrest in false case, Rajesh Sachhar filed an anticipatory bail application before Session Judge, Patiala. During the arguments, complainant’s counsel as well as public prosecutor produced copy of Judgment and decree dated 19-3-2002 passed by Sh Inderjit Kaushik, ADJ, Patiala. Applicants were not aware of said Judgment and decree dated 19-3-2002 prior to the date 29-9-2015 when it was referred during arguments of bail application. After that, applicants applied for certified copy of same on 29-9- 2015 which was received on 7-10-2015. Thereafte