KAMALA PRASAD GAURH Vs. SHANTA PRATAK

JUDGEMENT

(1.) This revision under Section-25 Provincial Small Cause Court Act read with Sec. 115 C.P.C. has been preferred by the revisionist against the order dated 15.5.2012 passed by Judge small cause Court, Faizabad in SCC Suit No. 17 of 2007, Shanta Pathak Vs. Kamla Prasad Gaur , whereby amendment application 99-A moved by the revisionist for amendment in his written statement has been rejected.

(2.) I have heard Sri K.M.Dubey, learned Counsel for the revisionist and Sri Vijay Bahadur Verma, learned Counsel for the respondent and perused the material available on record. This revision with the consent of the learned Advocates is being decided on the merits of the case at the admission stage itself.

(3.) It is submitted by the learned Counsel for the revisionist that some legal pleas were being taken in his written statement by means of amendment application moved by him. Learned Court below has rejected his application failing to consider that an amendment raising legal pleas can always be allowed and an amendment application for the same has to be considered liberally. Learned lower Court has acted illegally and with material irregularity in not allowing the same. On the other hand supporting the impugned order it has been submitted by the learned Counsel for the respondent that the sole purpose of moving the amendment application by the revisionist was only to delay the proceedings because of which the learned lower court has rightly rejected his said application.