This petition filed under Article 227 of the Constitution challenges the order dated 13-9-2013 (Annexure P-1) arising out of Civil Suit No. 136-A/2012 passed by Fourth Civil Judge, Class-I, Guna, whereby the Court below has rejected the application of the petitioners/defendants under Order 6, Rule 17, Civil Procedure Code.

2. In a suit for declaration and restoration of possession, the defendants filed their written statements. Thereafter, the Court below framed the issues and fixed the matter for plaintiffs' evidence. Admittedly, the affidavit of examination-in-chief under Order 18, Rule 4, Civil Procedure Code were filed by plaintiffs. At this stage, application Annexure P-4 dated 5-4-2013 was filed by issues were framed on 28-9-2012 and the affidavits of four persons were filed on 20-12-2012. The Court below opined that since the trial has already commenced and the petitioner has not shown any reason for belatedly filing the amendment application, it cannot be allowed. In other words, the Court below opined that petitioner has not established 'due diligence' in filing the application after commencement of the trial.

3. Criticizing this order, Shri R. K. Upadhyay submits