SANJAY YADAV, J.

(1) BY way of present writ petition under Article 227 of the Constitution of India, the petitioner/defendant calls in question the legality of the order dated 18-1-2010; whereby, the First Additional District Judge, Jabalpur, rejected the application under Order 6, Rule 17 of the Code of Civil Procedure 1908 (hereinafter to be referred as CPC), for amendment in the written statement. As also an application under Order 8, Rule 1-A(3) of Civil Procedure Code was dismissed.

(2) THE Civil Suit in question is at the instance of respondent/plaintiff for recovery of an amount of Rs. 68,000/- said to be the remainder of part payment from Rs. 1,00,000/- said to be borrowed by the husband (since deceased) of the petitioner/defendant during his lifetime. The case of the respondent/plaintiff is that the late husband of the petitioner/defendant borrowed a sum of Rs. 1,00,000/- which was paid to him by Cheque No. 268253 dated 4-3-2003. In lieu of security thereof, he had issued post dated cheques in favour of the respondent/plaintiff bearing No. 688631 dated 2-7- 2003. The said cheque when was put for encashment was returned on 5-11-2003 with an endorsement "deceased acco