- (1.) The present revision petition has been preferred against the order dated 16.12.2015 passed by the learned Civil Judge (Sr. Division), Ambala, vide which the application filed by respondent-defendant no.1 for amendment of the written statement under Order 6 Rule 17 Code of Civil Procedure (for short 'CPC') has been allowed.
(2.) Learned counsel for the petitioner-plaintiff contended that by way of amendment of the written statement, the respondent-defendant no.1 sought to add the factual plea which was already known to the defendants. Thus, he contended that after the commencement of the trial, the application for amendment of the pleadings cannot be entertained. To support his contentions he has relied upon case Vidyabai & Ors. Vs. Padmalatha & Anr., 2009 1 RCR(Civ) 763.
(3.) He further contended that rights of the petitionerplaintiff has also been prejudiced because no opportunity has been granted to the petitioner to file the replication to the amended written statement to controvert the pleas raised in the amended written statement.;