CHARAN SINGH Vs. RADHEY SHYAM ARORA

JUDGEMENT

(1.) Heard Sri Salil Kumar Rai, learned counsel for the plaintiff petitioner and Sri R.K.Khanna, learned counsel for the defendant respondent no.1.

(2.) This writ petition is directed against the order dated 12.03.2008 passed by the Civil Judge (Jr. Div.) Jyotiba Phule Nagar in Original Suit No. 288 of 1997 (Charan Singh and another Vs. Radhey Shyam Arora and others), whereby the amendment application Paper No. 91A filed by the defendant no.1 has been allowed as also against the revisional order dated 20.12.2008 passed by the District Judge, Jyotiba Phule Nagar in Civil Revision No. 34 of 2008 (Charan singh and another Vs. Radhey Shyam Arora and others), whereby he has dismissed the revision of the plaintiff petitioner.

(3.) Learned counsel for the petitioner has submitted that by the amendment application Paper No. 91A the defendant no.1 sought amendment of his written statement. There are two submissions made by learned counsel for the plaintiff petitioner against the impugned orders. The first is that in the amendment application the cause of action was shown as 10.09.2005 whereas the defendant no.1 had filed his written statement in the Court on 14.10.2005, therefore, the cause of action for bringing the amendment was not subsequent to filing of the written statement and hence the finding to the contrary recorded in the impugned order is illegal.