ISHWAR AND ORS Vs. OMI AND ORS

JUDGEMENT

(1.) Present petition is filed challenging the order dated 20.10.2010 passed by learned Civil Judge (Junior Division), Faridabad, whereby application seeking amendment in the written statement was rejected.

(2.) In the original written statement, Defendants have taken plea that they are the owner in possession pursuant to the sale deed. Record reveals that sale deed dated 06.02.1989 has already been placed before the Trial Court. Not only this, the agreement dated 26.12.1988 pursuant to which sale deed dated 06.02.1989 was executed has also been produced before the Trial Court. The only amendment sought is that Defendants be permitted to incorporate in the written statement following pleadings:

(3.) In the opinion of this Court, since evidence is already on record and Plaintiffs have already pleaded that they are in possession being owner on the basis of sale deed, hence by permitting the Defendants-Petitioners to incorporate amendment sought in the written statement, will not prejudice the Plaintiffs.