VIWAKAR GANESH JOSHI Vs. YADHESHWAR BABURAO JOSHI

JUDGEMENT

(1.) A very short point that arises in this petition is whether the Joint Civil Judge, Junior Division, Chalisgaon, has rightly rejected the application of the defendant to amend his Written Statement. I must say that the order passed by the Joint Civil Judge, Junior Division, Chalisgaon, is not only cryptic, but obviously contrary to the settled law. The law as is settled, allow the parties to amend pleadings at any stage If there is any inconvenience caused to the opposite party, it should be compensated by awarding costs. It seems the suit has been filed in 1980 while the application for amendment was moved on 8-1-1985, i.e. after about five years. There is positive delay in filing the application for amendment But that cannot be a ground for rejecting the application for amendment, nor it the ground that the amendment contains falsehood be a ground for rejecting the amendment application.

(2.) The order of the lower Court is, therefore, set aside. The defendant is allowed to amend his Written Statement within three weeks from the date of the receipt of the order of this Court by the trial Court. Rule made absolute subject to the defendant paying costs of Rs. 100.00 to the plaintiff. Revision allowed.