willingness to deposit Rs.50,50,000/-. That application was allowed. In pursuance thereof, defendant No.1 deposited Rs.50,50,000/- by pay order No.098595 dated 03.03.2011 and the learned trial Judge ordered investing that amount in Fixed Deposit for six months. Defendant No.1 thereafter filed application on 12.09.2014 under Order VI, Rule 17 of C.P.C. for amending the written statement by incorporating paragraphs 7L and 7M in the written statement. By paragraph 7L, defendant No.1 wants to bring on record factum of depositing Rs.50,50,000/- on 30.03.2011. By paragraph 7M, defendant No.1 wants to bring on record the Suit instituted by the plaintiff for declaration and injunction before the Court of Civil Judge Junior Division (PMC Court) Pune bearing No.1264 of 2013 wherein plaintiff has challenged the construction activity carried out by the defendant No.1. By the impugned order, the learned trial Judge rejected the application on the ground that as far as the deposit of Rs.50,50,000/- is concerned, it is a matter of record and need not be pleaded. As far as bringing on record filing of the Suit by the plaintiff is concerned, the learned trial Judge observed that it has no bearing on the merit of the Suit as also amendments are not necessary for deciding real controversy between the parties in the Suit.
