LAWS(DLH)-1996-11-48

MISHA VADERA Vs. RAVI KUMAR

Decided On November 09, 1996
MISHA VADERA Appellant
V/S
RAVI KUMAR Respondents

JUDGEMENT

(1.) The suit is for specific Performance of an agreement of Sale allegedly entered into by defendant No. 1. It had already been a witness to lot of fire work. What is, at present, at the center stage of the controversy is an application moved by defendant No. 1 for amendment of the written statement.

(2.) What are the objections to the application ? They are tow. The first is that defendant No. 1 having made certain admission in the written statement is now trying wriggle out of the same. I am reminded by Mr. Tikku that law does not favour it. The second objection is that defendant No.1 is seeking to incorporate new pleas. Mr. Tikku says this too is not permissible.

(3.) And what is the admission made by defendant No.1 which according to Mr. Tikku, is now being sought to be withdrawn? He says that though in paragraph 3 of the Preliminary objections in the written statement defendant No. 1 has admitted that an agreement of sale was entered into. It is now seeking to take the plea that there was no such agreement.