JAGROOP SINGH Vs. DISTT. JUDGE HARDOI & ORS

JUDGEMENT

(1.) Heard Sri Bhagwandeen Sharma, learned counsel for the petitioner and perused the record.

(2.) Facts,In brief, of the present case are that respondent no.3-Krishan Lal Gupta/ plaintiff filed a Regular Suit No.1048 of 2008 ( Krishan Lal Vs. Jagroop) in the Court of Civil Judge( S.D.) Hardoi. In the said matter petitioner Jagroop Singh/ defendant filed written statement thereafter an evidence on behalf of the plaintiff was also closed. At this stage, on behalf of petitioner/ defendant an application for amendment in written statement has been filed on 28.2.2014 to which plaintiff/ respondent has filed objection . The trial court/ Civil Judge ( S.D.) Hardoi by order dated 10.7.2014 rejected the application under Order VI Rule 17 CPC moved on behalf of petitioner on the ground that plaintiff cannot resile from the admission which has made in the written statement. The order dated 10.7.2014 was challenged by the petitioner by filing Revision No. 43 of 2014( Jagroop Singh Vs. Krishan Lal Gupta) . The District Judge Hardoi by order dated 23.7.2015 rejected the same.

(3.) Learned counsel for the petitioner while challenging the impugned order submits that the impugned order passed by opposite parties thereby rejecting the case of the petitioner for amendment is contrary to the provisions of law, liable to be set aside.