C.R. No. 4729 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 4729 of 2008 Date of Decision : 10.9.2009 Jagraj Singh .......... Petitioner Versus Birsh Bhan & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. K.V.Singh, Advocate for the petitioner. Mr. V.K. Sandhir, Advocate for respondents No. 1 & 2. **** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 20.8.2008, passed by the learned Addl. Civil Judge ( Sr. Divn.), Sardulgah vide which the application moved by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the written statement stands dismissed. The plaintiff filed a suit for declaration with a consequential relief of permanent injunction, claiming himself to be owner in possession of the property in dispute, in pursuance to the sale deeds executed in favour of the plaintiff / respondent. The suit was contested, after framing of issues the plaintiff led evidence. When the case was fixed for evidence of the respondents the petitioner herein moved an application for amendment of the written C.R. No. 4729 of 2008 2 statement to withdraw his admission regarding possession of the plaintiff / respondents. He also wanted to challenge the sale deeds and set up a sale deed in his favour to claim ownership. The learned trial Court dismissed the application primarily on the ground that, the facts sought to be pleaded by way of amendment were within the knowledge of the petitioner or were such which could be found with due diligence, therefore, the amendment after the commencement of the trial could not be allowed in view of the amended provisions of Order 6 Rule 17 of the Code of Civil Procedure. The order being in consonance with the settled 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. 10.9.2009 ( VINOD K. SHARMA ) 'sp' JUDGE