IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 122 CR-6614-2025 Date of Decision.:22.09.2025 Sunil Kumar …..Pe..oner Vs. Surjit Pal .….Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Rahul Makkar, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) Peoner herein is the defendant in civil suit bearing No.655 of 2022 tled as “Surjit Pal Vs. Sunil Kumar” pending before learned Civil Judge (Junior Division), SBS Nagar. He is aggrieved by the order dated 13.08.2025 (annexure p-6) passed by the trial Court, whereby his applicaon for amendment of wri8en statement moved under Order VI Rule 17 CPC has been declined. The defence of the peoner-defendant in the inial wri8en statement was based upon a registered sale deed and tenancy, which he wanted to substute with an unregistered agreement to sell (Ikrarnama) and license deed along with an affidavit allegedly executed by one Manjeet Kaur. It is contended by learned counsel for the peoner that peoner had provided correct documents to his counsel but he wrongly referred to the nature of the documents. This Court does not find merit in the said contenon a?er NEETIKA TUTEJA 2025.09.23 16:43 I attest to the accuracy and integrity of this document CR-6614-2025 -2- going through the enre paper-book. Para No.9 of the impugned order would reveal that plainff had already closed his evidence. Defendant had been provided as many as five opportunies for leading his evidence. No evidence was produced. On 20.11.2024, while adjourning the ma8er to 10.12.2024, cost of ₹300/- was imposed. Instead of producing the evidence on the adjourned date, the defendant moved the applicaon to amend wri8en statement. Learned trial Court has rightly observed that the conduct of the defendant-peoner clearly demonstrated the absence of diligence as is required under the proviso to Order VI Rule 17 CPC. The trial had commenced much before moving the applicaon to amend wri8en statement, and in these circumstances, the prayer of the peoner to amend the wri8en statement has been rightly declined. No merits. Dismissed. ( DEEPAK GUPTA ) JUDGE September 22, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.09.23 16:43 I attest to the accuracy and integrity of this document