[2025:RJ-JP:19628] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6986/2025 Mehraz, Son Of Late Shri Qamruddin, Aged About 40 Years, Residents Of A-42, Suraj Colony, Panna Ki Chowki, Bas Badanpura, Police Station Galtagate, Jaipur. ----Petitioner Versus 1. Smt. Shama, Daughter Of Late Shri Abdul Majid, Wife Of Riyazuddin, Aged About 47 Years, Residents Of House No.4449, Telion Ka Mohalla, Sada Ghoda Nikas Road, Chokri Ramchandraji, Police Station Ramganj, Jaipur. ------Respondent-Plaintiff 2. Riyazuddin, (Deceased During Suit) 2/1. Smt. Shameem (Second Wife) Late Riyazuddin, Resident Of A-42, Suraj Colony, Panna Ki Chowki, Bas Badanpura, Gangapole, Jaipur 2/2. Vishan Son Of Late Riyazuddin, Aged About 25 Years, Resident Of A-42, Suraj Colony, Panna Ki Chowki, Bas Badanpura, Gangapole, Jaipur 2/3. Shahil Son Of Late Riyazuddin, Aged About 9 Years, Through Mother Resident Of A-42, Suraj Colony, Panna Ki Chowki, Bas Badanpura, Gangapole, Jaipur 2/4. Samir Son Of Late Riyazuddin, Aged About 20 Years, Resident Of A-42, Suraj Colony, Panna Ki Chowki, Bas Badanpura, Gangapole, Jaipur 2/5. Saayma Daughter Of Late Riyazuddin, Resident Of A-42, Suraj Colony, Panna Ki Chowki, Bas Badanpura, Gangapole, Jaipur 3. Smt. Jameela Baigum, (Deceased During Suit) 3/1. Zareena Wife Of Badruddin @ Priya, Resident Of Gali No.2, 1/212 Green Park, Near Pani Ki Tanki, Van Vihar Colony, Idgah, Police Station Galta Gate, Jaipur. 3/2. Haseena Wife Of Zakir, Resident Of House No.335, Govind Rai Ji Ka Rasta, Near Kharadio Ki Masjid, Purani Basti, Jaipur. 3/3. Saayda Bano Wife Of Rais Ahmad, Resident Of House No.a-42, Ramgadh Road, Beniwal Kanta, Hussain Colony, Suraj Colony, Jaipur. 3/4. Nazma Wife Of Abdul Mateen, Resident Of House No.1/374, Van Vihar Colony, Idgah, Police Station Galta Gate, Jaipur. ------Proforma Respondents-Defendants For Petitioner(s) : Mr. Ashok Sharma HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI [2025:RJ-JP:19628] (2 of 3) [CW-6986/2025] Order 09/05/2025 1. The present civil writ petition under Article 227 of the Constitution of India has been filed by the petitioner against the order dated 04.02.2025 passed by the Court of learned Additional District Judge No.5, Jaipur Metropolitan-II, Jaipur, in Civil Suit No.57/2024 (C.I.S. No.776/2014), whereby the application filed under Order 6 Rule 17 C.P.C., was dismissed. 2. Learned counsel for the petitioner submits that the aforesaid application under Order 6 Rule 17 C.P.C., was filed by the defendant No.1, namely Riyazuddin, in the civil suit seeking necessary amendments in the written statements filed by him. Learned counsel further submits that inadvertently, certain documents i.e. Agreement dated 01.08.2007 and Receipt dated 01.11.2007, could not be mentioned in the written statements. Learned counsel further submits that the aforesaid documents were taken from the former Advocate, and the same were given to the newly appointed Advocate before preparing the written statements to the case but still the said documents were neither presented before the learned Trial Court nor were mentioned in the written statements. Learned counsel also submits that the amendments are not barred by limitation and will not change the nature of the suit and are also necessary for just & fair decision. Learned counsel further submits that if the aforesaid documents are allowed to be taken on record, then it will not have any adverse/negative impact on the nature of the case. Learned counsel further submits that the learned Trial Court, without [2025:RJ-JP:19628] (3 of 3) [CW-6986/2025] considering the facts & circumstances, dismissed the application under Order 6 Rule 17 C.P.C. Therefore, in view of the submissions made herein-above, the present writ petition may be allowed and the impugned order dated 04.02.2025 be quashed & set aside. 3. Heard learned counsel for the petitioner & gone through the impugned order dated 04.02.2025 and the other material available on record. 4. Perusal of the impugned order dated 04.02.2025 reveals that the written statement was filed by the defendant No.1 of the suit- namely Riyazuddin, on 15.03.2011, whereas after a lapse of approximately five years, the aforesaid application was filed on 15.03.2016. The learned Trial Court, after considering all the facts, has passed a reasoned order, which is just & proper. No illegality, infirmity or error has been committed by the learned Trial Court in the aforesaid order dated 04.02.2025. 5. Hence, there is no scope for interference in the aforesaid order in the limited writ jurisdiction under Article 227 of the Constitution of India. 6. Consequently, the present writ petition is dismissed. 7. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /30