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Judgment
Rule made returnable forthwith. Heard the matter finally by consent of learned counsels appearing for the parties.
Undisputedly, the application for amendment of written statement was entertained and decided by the trial Court after commencement of trial. It was, therefore, necessary for the trial Court to have recorded the findings on the aspect of due diligence as contemplated by proviso to Order VI, Rule 17 of C.P.C. Since, no such finding is recorded, the order passed, allowing the application for amendment, is without jurisdiction. The same is, therefore, liable to be quashed and set aside with liberty to the trial Court to decide the application for amendment afresh.
In the result, the writ petition is allowed. The order dated 07.09.2015 passed by the trial Court allowing the application for amendment at Exh. 32 is hereby quashed and set aside. The trial Court to decide the application at Exh.32 afresh after hearing all the parties concerned. Rule is made absolute in above terms. No order as to costs.