DEBI PRASAD MORE Vs. ISA

JUDGEMENT

(1.) This petition has been preferred against order of the trial Court, permitting the petitioner to file amended written statement to the plaint of the plaintiff-respondent. The suit of the plaintiff was for recovery of possession by evicting the defendant and for seeking declaration of title. On account of certain developments during pendency of the suit, the plaintiff applied for withdrawing the suit with liberty to file a fresh suit.

(2.) The petitioner-defendant sought rejection thereof on the ground that if amendment is allowed, it would add new facts. The trial Court held that there was no addition of new facts in the suit except for seeking impleading more parties, in view of subsequent development of change in rights of parties on account of deed of family settlement.

(3.) Heard learned counsel for the parties.