ROOP CHAND Vs. JAWAHAR LAL RAM GOPAL

JUDGEMENT

(1.) This revision was admitted on 25th March. 1971, and it came up lor confirmation of the stay proceedings before me on 5th April, 1971. when I directed the revision itself to be listed for hearing and also sent for the records. I have heard the revision. The revision is directed against the order of the Subordinate Judge 1st Class, Delhi, dated 4th March, 1971 by which he has refused the defendant an opportunity to file an amended written statement to the plaint.

(2.) The brief facts of the case are that the plaintiffs on 6th June, 1967 instituted a suit against the defendants for recovery of possession of an immovable property and for compensation and mesne profits and in paragraph 9 of the plaint. they stated that the value of the claim for possession was Rs. 5,000/. being the market value of the suit premises and lor purposes of compensation and mesne profits, its value was Rs. 1,864.80.

(3.) The summonses of the suit were served on the defendants who filed a written statement contesting the suit and in particular they contested paragraph 9 of the plaint and stated that the contents of paragraph 9 were wrong and denied and they contended that the market value of the suit premises was much more than Rs. 40,000.00.