RAFEEQ AHMAD Vs. SAVITRI DEVI

JUDGEMENT

(1.) Heard Counsel for parties.

(2.) This revision is directed against the order of the Trial Court refusing to allow an amendment of the writing statement. The Trial Court has held that in the original suit the defendant had admitted the relationship of landlord and the tenant with the plaintiff but by the amendment the tenant seeks to deny this position and as such the amendment should not be allowed as it amounts to withdrawal of an admission.

(3.) In Para 1 of the written statement it is stated that there is no relationship of the landlord and the tenant between the plaintiff and the defendant. In Para 2 of the written statement it is clarified that the shop was let out to the defendant by the husband of the plaintiff and the defendant had been paying rent to the husband of the plaintiff. This position is not altered by the amendment sought to be incorporated in the written statement. The other amendment supply some details which can be done. The Trial Judge failed to appreciate the nature of the amendment and refused to exercise a jurisdiction vested in it by law in refusing to allow the amendment.