YASHWANT VARMA,J. - (1.) Heard learned counsel for the applicant and Shri Pankaj Agrawal who has appeared for the contesting respondents.
(2.) This petition seeks to invoke the jurisdiction of the Court conferred by Article 227 of the Constitution and calls in question an order dated 26 April 2014 in terms of which an application for amendment came to be rejected by the trial court. This order was also assailed in revision which has been dismissed on 2 January 2017.
(3.) Undisputedly, the petitioner is the plaintiff in a suit for permanent injunction. The suit was instituted in 2002. The Court had prior to the moving of the application for amendment already framed issues. The application was thereafter stated to have been filed on 28 January 2014. The Court has taken note of the amended provisions of Order 6 Rule 17 CPC to hold that the application would not be entertainable since the trial had already commenced. It has also additional taken note of the fact that the plaintiff-petitioner had failed to establish and prove that despite exercise of due diligence, the document which was sought to be introduced and the pleas taken in respect thereof could not have been urged prior in point of time or were not in his knowledge. This view so taken by the trial court has been affirmed by the Court in revision.;