“By way of amendment, the applicant/appellant wants to take the objections in the written statement, regarding limitation and jurisdiction of the court to try and decide the court and the suit being bad for the non-joinder of necessary parties. It has been contended that inadvertently these pleas could not be taken earlier. But, I do not find any substance in the contention of the ld. Counsel for appellant. The plea sought to be taken by the appellants were well within their knowledge right from the institution of the suit. So, there is no justification for allowing the present application for amendment of written statement. Reliance in this respect can be placed upon Ajendraprasadji N. Pande & anr. Vs. Swami Keshavprakashdasji N. & Ors. 2007(1) RCR 35, wherein it was held by Hon’ble Apex Court that no facts are pleaded nor any ground is raised in the amendment application to even remotely contend that despite exercise of due diligence these matters could not be raised and the amendment in the written statement was not allowed. So far as the case law cited by ld. Counsel for the applicant as Ram Kumar Vs. Surinder 2002 (2) Civil Court Cases 13 is concerned, the same is of no help to the applicant, as the same being not applicable to the facts of the present case. In that case the amendment was allowed regarding the facts, which were not in the knowledge of the party at the time of filing of its pleadings, but this is not the case in the present case. As such the proposed amendment is not required to be allowed. So the
