CHONGTHAM GULAMANI SINGH Vs. KOIJAM IBOTOMBI SINGH

JUDGEMENT

(1.) This revision petition under Section 115 of the Code of Civil Procedure arises from the order dated 2nd March, 1996 passed by the learned Munsiff, Imphal, Manipur in Judicial Misc. Case No. 32/95/138(A)/ 95 (Land reference C.A. No. 5 of 1995) by which the prayer for amendment of the written statement made by the defendant was allowed.

(2.) Heard Shri L. Nandakumar Singh, learned senior counsel for the petitioner as well as Shri N. Kerani Singh, learned senior counsel for the respondent.

(3.) At the very oulset Shri L. Nandakumar Singh, learned senior counsel for the petitioner submits that a material irregularity has been committed by the learned Mumsiff, Imphal while passing the impugned order dated 2.3.1996 in the above Judicial Misc. Case No. 32 of 1995 allowing the prayer for amendment of toe written statement inasmuch as the learned Munsiff allowed the defendant to displace the plaintiff completely from admission made by the defendant in his written statement. In other words, the amendment of the written statement displace the plaintiff petitioner from admission made by the defendant in his written statement. For better appreciation in the matter, the petition for amendment filed by the defendant is hereby reproduced, rather quoted as below : IN THE COURT OF THE DISTRICT JUDGE : MANIPUR EAST. JUDICIAL MISC. CASE NO. OF 1995 Ref : - C.A. No. 5 of 1995 Shri Changtham Gulamani Singh, ... Appellant/O.P. -Vs- Shri Koijam Ibotombi Singh ... Respondent/ Petitioner. Application on behalf of the respondent/defendant for allowing amendment of the written statement dated 19.8.1993 filed in the Original Suit No. 7 of 1993. Most Respectfully. 1. That, the petitioner is the respondent in the above referred civil appeal and defendant in Original Suit No. 7 of 1993 2. That, during the pendency of the present appeal as minute perusal of the written statement it was found that some inconsistant statements have been made by the Respondent in his written statement through bonafide mistake and also that some material facts of the case have been left behind to plead in his written statement. The respondent/petitioner now desires to amend his written statement in the following mannei. 3. That, the amendment sought for will nor. change the nature of the suit rather the amendment will help the Court in the just determination of the suit/appeal. PROPOSED AMENDMENT : i) In para No. 2 of the written statement the last pan beginning from the word "the plaintiff upto the ending word "paras" are to be deleted. ii) In para No. 4 (page No. 4) at line No. 15th and 16th the clause