Vivek Singh Thakur, J. - (1.)Present petition has been filed against dismissal of application preferred by defendantspetitioners under Order 6 Rule 17 of the Code of Civil Procedure (for short 'CPC') for amendment of written statement vide impugned order, dated 19th January, 2017, passed by learned Civil Judge (Senior Division) , Kasauli whereby amendment of words 'tin roof' has been declined to be replaced by the words 'cement roof' in the written statement mainly on the ground that there was no explanation that despite due diligence, defendantspetitioners could not plead the amendment sought after commencement of the trial, at earlier point of time.
(2.)Plaintiffrespondent has filed a suit for permanent prohibitory injunction on 31st January, 2015, wherein he, besides other averments, has pleaded as under:
".......... The defendants have also threatened the plaintiff that they are going to construct a structure over the suit land for cremation of dead bodies and further to use a substantial portion of the suit land as a cremation ground. The defendants have also threatened that they will also put the suit land as burial ground for burying the dead animals. ........."

(3.)In reply to above quoted pleadings, defendantspetitioners, in their written statement, dated 19th February, 2015, have responded as under:
"..... The plaintiff has deliberately, intentionally and knowing fully well has concealed the true facts from the Hon'ble Court that more than 25-30 years back the State of H.P. through Forest Department constructed a structure for cremation at the old cremation ground on government land comprised in Khasra No. 56 which is existing since then. The existing structure of cremation is having tin roof. The residents of village Chaywani Bhurat, HertKanaita, Siryara, Katal, ChaywaniKamthan etc. perform cremation at this place. Prior to the construction of the structure of cremation, local people of the above villages used to cremate the dead bodies from generation to generation. ......"