1 SBCWP No.749/2007 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. O R D E R S.B.CIVIL WRIT PETITION NO.749/2007 Angad Kumar Vs. Civil Judge (Junior Division), Suratgarh & Ors. Date of Order : : 22/05/2009 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr.Kailash Khatri, for the petitioner. Mr.Trilok Joshi, for the respondent No.2 Ms.Aruna Negi for Mr.P.R.Mehta, for the respondents No.3 & 4. BY THE COURT: By an application being IA No.4835/2009 filed by the respondent No.2, the respondent seeks early hearing of the writ petition. The application is not opposed by the counsel appearing for the writ petitioner. The application is, therefore, allowed. With the consent of learned counsel for the parties, the matter is finally heard at this stage. By the instant writ petition under Article 227 of the 2 SBCWP No.749/2007 Constitution of India, the order Annexure-4 dated 18th January, 2007 passed by the respondent No.1-Civil Judge (Junior Division), Suratgarh (for short “the trial court” hereinafter) has been challenged. I have heard learned counsel for the parties. It appears that a suit was filed by the respondent No.2 against the petitioner and some of the respondents for declaration before the trial court. The petitioner-defendant filed written statement. However, subsequently, the petitioner- defendant filed an application under Order 6 Rule 17 CPC on 31st July, 2006 requesting the trial court to permit the petitioner to amend the written statement by incorporating certain essential facts which came to the knowledge of the petitioner-defendant after filing of the written statement. I have carefully gone through the application filed by the defendant-petitioner under Order 6 Rule 17 C.P.C. The facts sought to be incorporated in the written statement by way of amended written statement is essential for just decision of the case. According to the petitioner- defendant, such facts were not within his knowledge at the time of filing of the written statement. In my view, the trial court fell in error in dismissing the application filed by the 3 SBCWP No.749/2007 petitioner-defendant under Order 6 Rule 17 C.P.C. Consequently, the writ petition is allowed. The order impugned Annexure-4 dated 18th January, 2007 is set aside and the application filed by the petitioner-defendant under Order 6 Rule l7 C.P.C. is allowed. The petitioner to file the amended written statement on or before 29th May, 2009. Stay petition stands disposed of. (H.R. PANWAR), J. NK