D.B. CIVIL SPECIAL APPEAL (WRIT) NO. 314/2008 Date : 02.05.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. CHAND MAL TOTLA, J. Mr. C.P. Soni for the appellant. = = = = Heard learned counsel for the appellant. Appellant's application for amendment of written statement was dismissed by the trial court as it was submitted at the time of evidence of defendants. The trial court held that the amendment sought is unnecessary and the appeal has been filed after delay. Learned counsel for the appellant submits that amendment cannot be refused on the ground of delay and legal question can be raised at any time. It is settled law that Court has power to grant amendment in the pleadings at any stage and in some circumstances, delay cannot be ground for refusing the amendment in the pleadings. It is also settled law that question of law can be raised at any stage. Even when the above view has been taken by the various courts on this point, it is not the right of defendant that he can seek amendment and Court is bound to grant amendment in the pleading. The discretion is required to be exercised by the Court judiciously and on the basis of facts of the case. The trial court has refused the amendment of written statement after noticing the facts of the case and the learned Single Judge upheld the said order. In the appellate jurisdiction, against the order passed by Single Bench, in writ petition under Article 227 of Constitution of India, we do not find any reason to interfere in the impugned order. We do not find any merit in the appeal. The appeal is dismissed. (CHAND MAL TOTLA), J. (PRAKASH TATIA), J.