UTTAM CHAND Vs. RAMKISHAN

JUDGEMENT

(1.) This is plaintiff's revision directed against the order dt, 19.7.86 of Shri Nand Kishore. Sub Judge, whereby the application of the defendant-filed under Order 6 rule 17 read with Section 151 Civil Procedure Code for amendment of the w/s was allowed subject to payment of Rs. 250.00 as costs.

(2.) I have heard the learned counsel for the parties at length. After giving my considered thought to the matter before me, I have come to the conclusion that the impugned order cannot be sustained and is liable to be set aside.

(3.) Briefly stated the facts are that the plaintiff filed a suit for specific performance of the contract of sale of suit property in 1971 on the ground that the defendant had agreed to sell the same to him vide agreement dated 20.10.1958 and in furtherance thereof had already delivered possession thereof to the plaintiff & had reed, part payment & deposited balance with the Deptt. of Rehabilitation. The defendant filed w/s in 1972 and in due course evidence of the plaintiff was completed in 1977 whereafter statement of D.W. I was also recorded. It was thereafter that on 17.2.83 application for amendment of w/s was filed by the defendant which was allowed by the impugned order.