C.R. No. 2288 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.M. No. 7690-92-CII of 2009 and C.R. No. 2288 of 2008 (O&M) Date of Decision : 24.8.2009 Shabeg Singh .......... Petitioner Versus Dalip Singh & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Ranjit Saini, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 13.12.2007 passed by the learned Civil Judge ( Jr. Divn.), Tarn Taran vide which application moved by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure, has been ordered to be dismissed. The petitioner by way of amendment sought to plead, that the plaintiff did not have the requisite title to transfer the land in favour of the petitioner as well as the Gram Panchayat, in terms of the compromise entered into between the parties. The learned counsel for the petitioner contends, that the learned trial Court wrongly dismissed the application by holding, that the defendant / petitioner by way of amendment wanted to withdraw the admission which is factually incorrect. C.R. No. 2288 of 2008 2 This plea of the petitioner cannot be accepted for the reason, that the application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the pleadings was not competent, in view of the bar contained in the amended provisions of Order 6 Rule 17 of the Code of Civil Procedure, as the facts sought to be pleaded by way of amendment were within the knowledge of the petitioner at the time of filing of the written statement, therefore, after the commencement of trial the petitioner could not seek amendment to plead those facts. For the reasons recorded above, no ground is made out to interfere with the impugned order, in exercise of revisional jurisdiction under Article 227 of the Constitution of India. Dismissed. 24.8.2009 ( VINOD K. SHARMA ) 'sp' JUDGE