JUDGMENT

S.B. Sinha, J. —

1.Leave granted.

2.Whether pleadings can be directed to be amended after the hearing of a case begins is the question involved in this appeal which arises out of a judgment and order dated 24.10.2007 passed by the High Court of Karnataka at Bangalore in Writ Petition No. 14013 of 2007.

3.On or about 16.12.2003, the plaintiffs - appellants filed a suit for specific performance of an agreement of sale. According to the plaintiffs, one Prashant Sooji (since deceased) executed an agreement of sale on 15.01.2001 in respect of the suit property for a sum of Rs. 21 lakhs. Defendants - Respondents are the predecessors in interest of the said Prashant Sooji.

A written statement was filed on 17.04.2004. An application for amendment of the written statement was filed on 8.11.2006. In between the period 17.04.2004 and 8.11.2006, however, indisputably issues were framed and parties filed their respective affidavits by way of evidence. Dates had been fixed for cross-examination of the said witnesses.

On or about 8.11.2006, an application had been filed under Order VI Rule 17 of the Code of Civil Procedure (for short “the Code”), which was marked as IA 9 of 2006, seeking amend