SITA RAM GARG Vs. SMT. OMWATI

JUDGEMENT

(1.) This a defendant's application in revision against the order of the learned Munsif of Roorkee, rejecting his application for amendment of the written statement. The relevant facts are as follows: - -

(2.) The applicant filed an appeal which was allowed and the case was remanded. In the order of remand, however, the lower appellate court recorded a finding to the effect that the application for amendment of the written statement had been rightly rejected. No appeal was filed against the remand order containing this finding which was damaging to the applicant's case.

(3.) When the case was received back by the learned Munsif on remand, the applicant filed another application for amendment of the written statement on the same grounds upon which his earlier application for amendment had been based. This application has been rejected by the learned Munsif by the order sought to be revised.