Meaning this order on exhibit

ORDER BELOW EXHIBIT­46. 1] This is an application filed by defendant under Order VI, Rule 17 of the Code of Civil Procedure for carrying out amendment in written statement. 2] It is submitted that, certain facts have been suppressed by plaintiff, in respect of availability of second floor. Defendant has recently realized the said fact. So also, after making detail inquiry. He further came to know that, suit premises come under slum notified area and present suit is filed without obtaining permission from competent authority. It is barred by law and suit is not tenable, in view of Section 22 of Maharashtra Slum Act. Defendant intends to incorporate the said fact in his written statement. He is layman and immediately after realizing the facts, he moved application. Amendment is necessary. Hence, it is prayed that, application be allowed. 3] Plaintiff has strongly resisted the application by filing his say. He has submitted that, this is second application filed by defendant for amendment. His intention is only to prolong the matter. No cross order was passed on previous occasion, which was set­aside subject to cost. There is no merit in the application. Hence, it is prayed that, application be rejected. 4] Considering the application and say filed, following points arise for my determination to which, I have recorded my findings thereon for the reasons given 6] incorporate certain facts in respect of the suit building, availability of second floor, facilities provided and also intends to raise legal objection regarding maintainability of suit under Slum Act. So far as, the facts regarding second floor are concerned, those are already pleaded by defendant in para No.6(1)(a) of W.S., after allowing his previous amendment application. Hence, the proposed amendment in respect of second floor of the suit building is not at all required. However, the legal objection regarding maintainability of suit under Slum Act, appears to be necessary for determining the real question in controversy between the parties. It being legal objection, can be raised at any stage of the proceeding. According to defendant, he recently came to know regarding the fact that premises come under slum Points Findings Whether the proposed amendment ... 'Partly affirmative'. deserves to be allowed ? What order? REASONS AS TO POINT NO.1 AND 2 :­ As per final order. I have heard both the learned advocates at length. By moving present application, defendant intends to notified area and immediately, he moved application. In this peculiar circumstances, I am satisfied that, he could not move such amendment application before notified area and immediately, he moved application. In this peculiar circumstances, I am satisfied that, he could not move such amendment application before commencement of trial. 7] If such amendment is allowed, plaintiff will get an opportunity of filing rejoinder in respect of amended portion of written statement or to carry out consequent