MOHD. ASIF vs SMT. HAZRA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 23rd April, 2026 Date of Decision: 28th April, 2026 + CM(M) 656/2023 & CM APPL. 20448/2023 MOHD. ASIF .....Petitioner Through: Mr. Dalip Kumar Santoshi and Mr. Kali Charan, Advs. versus SMT. HAZRA .....Respondent Through: Mr. Nikunj Puri, Adv. alongwith respondent-in-person. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER 1. The present petition has been filed by the petitioner under Article 227 of the Constitution of India, 1950, assailing the order dated 22nd March, 2023 passed by the learned Trial Court in Civil Suit No. 36/2017, whereby the application under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’), filed on behalf of the petitioner/defendant seeking amendment of the written statement, has been dismissed. 2. I have heard the learned counsel for the parties and perused the record. 3. Learned Counsel for the petitioner has argued that the learned trial court has passed the impugned order on the basis of surmises and conjectures which is against the facts and law. It is contended that the amendments are required for effective adjudication of controversy between the parties and to CM(M) 656/2023 Page 1 of 6 Signature Not Verified Signed By:VAISHALI CHAUHAN Signing Date:28.04.2026 16:35:06 avoid multiplicity of judicial proceedings. It is further submitted that there is no inordinate delay in filing the application, as the same could not be moved earlier because of the head injury to the father of the petitioner, which had resulted in memory loss. Learned counsel for the petitioner has also placed reliance on the decision of the Hon’ble Supreme Court in M/s Estralla Rubber vs. Dass Estate (Pvt.) Ltd. (2001) 8 SCC 97. Per contra, learned Co