MUKTA Vs. GURU SUNDERDAS

JUDGEMENT

(1.) THIS Order shall also govern disposal of Civil Revision No. 161/2000 as both these revisions arise out of the same suit and are filed at the instance of the defendant.

(2.) BY impugned order, the learned trial Judge was pleased to reject the two applications made by the defendant. One was made under order 6 rule 17 seeking to amend the written statement and the other was made under order 13 rule 2 of CPC for filing some additional documents in support of the proposed amendment prayed by the defendant by way of an application.

(3.) IN my opinion, both the aforesaid applications i.e., an application for amendment and an application for filing additional documents should have been allowed by the learned trial Judge. It was much more so when both these applications were made during the trial stage and before the evidence of the parties could begin and secondly the proposed amendment sought in the written statement did not change the nature of the defence already taken by the defendant in the written statement.