[2026:RJ-JP:10535] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 26955/2018 Ram Singh S/o Shri Umrao Singh, Aged About 70 Years, By Caste Aahir, R/o Daulat Singh Pura, Tehsil Behror, Alwar, Rajasthan. ----Petitioner/Defendant Versus 1. Patram S/o Sh. Heera Lal, By Caste Gurjar, Resident Of Milakpur, Tijara, Alwar, Rajasthan. 2. Amit Kumar S/o Sh. Veer Singh, By Caste Aahir, R/o Dawani, Tehsil Behror, Alwar, Rajasthan. ----Respondents/Plaintiffs For Petitioner(s) : Mr. Ajay Goyal For Respondent(s) : Mr. Gajanand yadav HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 12/03/2026 1. The present writ petition has been filed assailing the order dated 19.11.2018, passed by learned Additional District and Sessions Judge No. 02, Behror, Alwar, whereby the application filed by the petitioner-defendant under Order 6 Rule 17 CPC has been dismissed. 2. Learned counsel for the petitioner submits that he wants to incorporate a fact in his reply that the suit itself has been filed on the last date of performance of the contract and therefore, no cause of action has arisen. 3. Learned counsel for the petitioner further submits that the learned Trial Court merely on account of delay has rejected the application filed by the petitioner-defendant. [2026:RJ-JP:10535] (2 of 2) [CW-26955/2018] 4. Per contra, learned counsel for the respondent submits that sufficient and material pleadings of the petitioner-defendant with regard to the cause of action are already there in the reply and in that respect only, issue No. 06 has already been framed by the learned Trial Court to the effect that whether any cause of action has arisen to the respondent-plaintiff and if no whether the suit is liable to be dismissed. 5. He therefore, submits that there is no necessity to permit any amendment at such stage as the same will not prejudice the rights of the defendant. 6. Heard and perused the material available on records and specifically perused issue No. 06 which has been placed by the petitioner on record. The copy of the same is taken on record. 7. Considering the same, this Court finds that already issue in regard to the cause of action has been framed and the petitioner would have ample opportunity to lead his evidence on the said issue as well as to argue on the issue and even on question about the effect of filing of the suit on the last date of performance. 8. In this view of matter, the Court do not find any error so as to call for any interference in its writ jurisdiction under Article 227 of the Constitution of India and accordingly, the present writ petition stands dismissed. 9. All pending applications stand disposed of. (BIPIN GUPTA),J KRATIKA /32