Pushpendra Singh Bhati, J. - (1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs: "(i) the impugned order dated 20.09.2016 i.e. Annexure-11 be set aside. (ii) The application of the petitioner under Order 6 Rule 17 CPC be allowed. (iii) Any other relief for which the petitioner is entitle be given. It is therefore, prayed that this writ petition of the petitioner be allowed with costs."
(2.) The petitioner was facing a suit for specific performance of contract, which was filed against his Late father, Mohd. Usman alongwith two uncles. The suit for specific performance was for execution of a sale agreement, in respect of a house situated at Ghasmandi, Jodhpur measuring 27 x 13 feet with the consideration of Rs.21,00,000/-, and the same was dated 19.02.2011. On the death of Mohd. Usman on 21.03.2014, the petitioner was impleaded as defendant in the said suit, being legal representative of his father. As legal representative, the petitioner had already filed his written statement.
(3.) The petitioner/defendant has now moved an application under Order 6 Rule 17 CPC seeking amendment in the written statement pertaining to a previous agreement being done between the parties on 11.05.2007, which was much prior to the agreement in question i.e. dated 19.02.2011.;