SHAMBHU NATH SETH Vs. MADAN LAL

JUDGEMENT

(1.) THIS revision has been filed by Shambhu Nath Seth in the following circumstances:

(2.) MADAN Lal and Barati Lal opposite parties filed a suit against him for ejectment from a certain house. After evidence had been led by the parties and arguments were going to be heard defendant Shambhu Nath Seth moved an application for amendment of the written statement with a view to take a plea that the house in dispute belonged jointly to the plaintiffs and their father and, therefore, the notice served upon the defendant was invalid because father had not joined in it. This application was rejected by the Munsif on the sole ground that it was filed at a very late stage. Shambhu Nath Seth filed a revision before the District Judge, Sitapur. The revision was dismissed by the District Judge with the observation that it was not necessary to amend the pleadings because the defendant had already disputed validity of the notice in the written statement and this additional plea could also be raised in arguments.

(3.) THE revision is accordingly allowed. The order of the District Judge, Sitapur, dated 9-10-1974 and that of the Additional Munsif, Sitapur, dated 9-9-1974 are set aside. The application for amendment of the written statement of Shambhu Nath Seth defendant is allowed. The written statement shall be amended by the revisionist within time fixed by the trial court and an opportunity shall be granted to the plaintiff- respondent to file a replication if they so desire. Additional issue consequential on the amendment of the written statement shall be framed and both the parties shall be given an opportunity to adduce such evidence as they like consequent to the amendment. Parties shall bear their own costs of this revision. Petition allowed.