DEVARAJ Vs. CHANNABASAPPA

JUDGEMENT

(1.) An application to amend the written statement has been rejected by the Trial Court.

(2.) The petitioners herein sought to amend the written statement to incorporate certain averments against the plaintiff. The Trial Court has refused the said request on the ground that it was not necessary for the plaintiff to seek for cancellation of the alienation and also the plea regarding allotment of shares could be raised during the final decree proceedings.

(3.) In my view, the petitioners had a right to amend the written statement and raise such pleas as the petitioner felt was necessary for their defence. The question as to whether the defence raised was justifiable or not is an issue to be considered only during the final adjudication of the suit.