GANESHI LAL Vs. NAND LAL

JUDGEMENT

(1.) The petitioner by this revision petition assails order dated 9.5.1995, passed by Shri Kanwaljeet Arora, dismissing the application for amendment of the written statement.

(2.) The facts giving rise to the revision petition may be recapitulated :-

(3.) Mr. B.D. Kaushik, learned Counsel for the petitioner assails the order as one vitiated by material irregularity in rejection of the amendment application and failure to exercise jurisdiction by non appreciation of the fact that there was no change in the nature of the defence and no prejudice would be caused to the respondent, since his evidence was yet to commence. There was no question of somersault or resiling from alleged admission as the petitioner only wanted to add a legal objection, which was in the nature of an alternative plea and was permissible. Learned Counsel for the petitioner also urged that for the adjoining land the Delhi Land Reforms Act has been held as applicable in a judgment in RCA 591/92 decided on 9.2.1995. Counsel for the petitioner placed reliance on Chetan Lal Jain v. Manohar Lal Vohra, AIR 1984 Delhi 150, Mohd. Salil Sahib v. T.C. Adam AIR 1979 Madras 368 and Regal Traders Pvt. Ltd. and Anothers v. Lt. Governor of Delhi and Others, AIR 1990 Delhi Page 282.