ABEDIN RASOOLBHAI SHEIKH Vs. KAVITABEN RAJESHBHAI JAIN

JUDGEMENT

(1.) Order dtd. 13/04/2023 passed by the learned 4 th Additional Senior Civil Judge, Anklewshwar at Bharuch below Exh.116 in Special Civil Suit No.50 of 2019 is sought to be challenged in the present petition; whereby the said application filed by the org. defendant No.1 seeking amendment the written statement filed by the defendant no.1 came to be rejected.

(2.) The facts of the case in nutshell are that the org. plaintiff has sought the cancellation of the sale-deed of the subject matter of the suit whereby the present petitioner was arraigned as defendant No.1 in the capacity of the power of attorney holder of the original owner. Other defendants are also joined in the suit as they are original owner as well as purchaser of the subject matter of land.

(3.) Learned Advocate for the petitioner would submit that for coming the truth on record, the defendant no.1 is required to be given a chance to amend his pleadings which has filed under the coercion and forced to admit the suit of the plaintiff. He would further submit that since the opening part of the O.6 R.17 suggests that amendment can be allowed at any point of time, same may be allowed to do the substantial justice between the parties. He would further submit that if the defendant is not permitted to amend the written statement, it will cause great prejudice to the defence of the defendant as the concerned fact would not come on record. He would submit that defendant no.1 is the power of attorney holder of the seller and he wants to bring same fact on record which would help the Court below to decide the controversy. He has further submitted that the learned trial Court has erred in not allowing the application and therefore sought that by quashing and setting aside the said order, the petition may be allowed and petitioner may be given the opportunity to amend the written statement.