C.R. No. 6527 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 6527 of 2009 (O&M) Date of Decision : 11.11.2009 Khem Chand & others .......... Petitioners Versus Hawa Singh & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. B.R. Gupta, Advocate for the petitioners. **** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 3.10.2009, passed by the learned Addl. District Judge, Jhajjar vide which application moved by the petitioners for amendment of the written statement during pendency of appeal by invoking the provisions of Order 6 Rule 17 of the Code of Civil Procedure, has been ordered to be dismissed. The plea on which the amendment sought was that in spite of specific directions having been given to the counsel he had failed to incorporate the facts in the written statement, now sought to be pleaded. It is not in dispute that after filing of the written statement and framing of issues the parties had led evidence and the suit was decreed. It was in appeal, the petitioner / defendants sought to amend the written statement. The learned lower appellate Court dismissed the application, in view of the fact that after amendment of provisions of Order C.R. No. 6527 of 2009 2 6 Rule 17 of the Code of Civil Procedure no amendment could be allowed after the commencement of the trial with regard to the facts, which were within the knowledge of the parties at the time of filing of pleadings. It is also well settled that amendment can not be allowed to fill in lacuna. The attempt of the petitioner was to reopen the whole case, after the decree by the Court. The application, therefore, was not bona fide, but with intention to delay the proceedings. The order passed being in consonance with the proposition of law, does not call for any interference by this Court in exercise of revisional jurisdiction under Article 227 of the Constitution of India. No merit. Dismissed. 11.11.2009 ( VINOD K. SHARMA ) 'sp' JUDGE