IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 2098 of 2010. Date of Decision : 29.3.2010. Shavinder Singh ......Petitioner Versus Babu Singh ......Respondents CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Ashok Kumar Khunger, Advocate, for the petitioner. NAWAB SINGH J. This defendant's revision is directed against the order dated February 19th, 2010 (Annexure P-3) passed by Additional Civil Judge (Senior Division), Phul, whereby, his application under Order 6 Rule 17 of Code of Civil Procedure for amendment of the Written-statement was dismissed. 2. Babu Singh-plaintiff-respondent filed suit against Shavinder Singh-defendant for recovery of Rs.4,99,000/- on the basis of pronote executed by Shavinder Singh. During pendency of the suit, defendant moved an application for leading additional evidence to prove the entries in the pass-book and the statement of account from January 8th, 2000 to December 22nd, 2004. By this evidence, the defendant wanted to strengthen his plea that he was having sufficient amount with him during the relevant period and was never in need of any loan. The Court below vide order dated September 4th, 2009 dismissed the said application by observing that there was no pleading to the said effect in the Written statement. 3. A perusal of the impugned order shows that the Written-statement in this case was filed on December 22nd, 2005. The instant application was moved on December 18th, 2009. The evidence of defendant has already been concluded. The trial is at its fag end. The conduct of the defendant shows that he kept Civil Revision No. 2098 of 2010. (2) slumbering during whole of the trial. The amendment sought to be introduced was well within the knowledge of the defendant at the time when he filed his written-statement. In view of this, it cannot be said that inspite of due diligence, the defendant could not have raised this plea before the commencement of the trial. Hence, the revision petition is dismissed. (NAWAB SINGH) JUDGE 29.3.2010. SN