S.B. CIVIL WRIT PETITION NO.2292/2010 Pukhraj @ Pakia Vs. Smt. Talsi Bai & Ors. Date of order : 15th March, 2010 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Rajesh Choudahry for the petitioner. ------- 1. This writ petition is directed against the order dated 22.1.2010 whereby the learned trial court rejected the application under Order 6 Rule 17 C.P.C. for amendment of the written statement filed by the defendant- petitioner in partition suit filed against him. 2. From para reproduced in the impugned order the amendment sought clearly amounts to legal contentions which are sought to be raised by the defendant in the said partition suit and no factual aspect has been narrated in the said amendment disclosing the fact that these could not have been within the knowledge of the petitioner at the time of filing of the written statement. The amendment in the written statement cannot be permitted just to improve the pleadings of the defendant-petitioner before the learned trial Court and it is a matter of evidence by the defendants to lead before the learned trial court. 3. Having heard learned counsel, this Court does not find any error in the impugned order and does not required any interference under Article 227 of the Constitution of India by this Court. 4. The writ petition being devoid of merit is hereby dismissed. Copy of this judgment be sent to the opposite parties as well as learned trial court. [ DR. VINEET KOTHARI ], J. item No.1 babulal/