RAMESHWAR PAL Vs. CHANDER DASS

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is filed by the petitioner who was the defendant in the suit and who is the appellant in the first appeal, against the order of the first appellate court dated 21.3.2013 whereby an application filed under Order VI Rule 17 of Code of Civil Procedure, 1908 (CPC) to amend the written statement has been dismissed. The subject suit was filed by the respondent/plaintiff for possession and damages and which was decreed by the trial court vide a judgment dated 05.09.2012. As per the operative portion of the judgment dated 05.09.2012, suit of the respondent/plaintiff was decreed in his favour and against the petitioner/defendant (appellant in the first appeal) with respect to property no. G -145, Paschim Vihar, (Industrial Worker Cooperative House Building Society Limited) , New Delhi -110063.

(2.) THE judgment of the trial court dated 05.09.2012 decreeing the suit is a detailed judgment running into 15 pages and 37 paragraphs and which decides as many as 8 issues which were framed in the suit, including the issue claimed by the petitioner/defendant that the suit property was joint family property because it was purchased from joint Hindu Undivided Family funds. The issue of HUF funds/HUF property which was framed was issue no. 1 and was framed on 07.09.1998.

(3.) THE petitioner/defendant filed the first appeal against the judgment and decree of the trial court dated 05.09.2012. It is in this first appeal that the petitioner/defendant sought amendment of his written statement filed in the suit in the trial court, and it is that application which has been dismissed by the first appellate court vide impugned order dated 21.3.2013.