BHANI Vs. RAM KARAN AND ORS

JUDGEMENT

(1.) Defendant No. 1 Bhani has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 21.4.2010, Annexure P/8, passed by learned Additional Civil Judge (Senior Division), Kaithal, thereby dismissing two applications dated 21.4.2010, Annexures P/6 and P/7, moved by defendant No. 1 to 3, 5 and 6 for amendment of written statement and for permission to deposit the mortgage money in the trial court.

(2.) Respondent No. 1-plaintiff has filed suit for foreclosure of right of redemption of mortgage of the suit land and for permanent injunction. Defendants pleaded that they had already paid mortgage money without receipt. By way of amendment, defendants want to plead the subsequent event that during the pendency of the suit, they have deposited mortgage money before the Collector. It is also alleged that it transpired in the plaintiff's evidence that plaintiff was minor on 30.11.1959, the date of mortgage agreement. Consequently, it is also sought to be pleaded by amendment that the mortgage agreement is null and void.

(3.) I have heard learned Counsel for the parties and perused the case file.