JAWAHAR SINGH Vs. VEDPAL SINGH

JUDGEMENT

(1.) Heard Shri Lalit Kumar, learned Counsel for the applicant and Shri Rahul Pandey, learned Counsel for the plaintiff-opposite party. The present revision has been filed under section 115 of the C.P.C. against the order dated 12.1.2012 passed by the Civil Judge (Senior Division), Bulandshahr on application No. 41-A in original suit No. 1668 of 2010 whereby the said application for amendment in the written statement has been dismissed.

(2.) The background facts may be noticed in brief: The aforestated suit has been filed for specific performance of contract to sell. Pleadings are complete. Parties have led their evidence and the evidence is closed. When the matter came-up for final hearing, at that stage, the defendant filed an application for permission to amend the written statement by adding that the suit is barred by sections 20 and 34 of Specific Relief Act. The said application has been rejected by the order under revision.

(3.) When the matter was taken-up yesterday, the applicant's Counsel was directed to obtain instruction whether the defendant would like to produce evidence in support of the above plea or not. Today, Shri Lalit Kumar, Advocate appearing on behalf of the applicant made a statement before me that if the amendment in the written statement is allowed, the defendant would not lead any other or further evidence and the Trial Court may proceed to hear the final arguments.