AJIT SINGH Vs. JASWINDER KAUR

JUDGEMENT

(1.) PRESENT petition is filed challenging the order dated 1.11.2010 passed by the Civil Judge (Junior Division), Jalandhar. From the perusal of the file it is revealed that vide order dated 14.5.2010 plaintiff was permitted to carry out the amendments in the plaint. Thereafter, plaintiff has filed amended plaint on the record.

(2.) HOWEVER, the defendants have moved an application seeking review of the order dated 14.5.2010 contending therein that plaintiff was never permitted to file amended plaint by adding relief of recovery. The amended plaint is beyond the amendment allowed by the trial Court. Defendants/petitioner further contended in the application that amended written statement to the amended plaint be also accepted on the file and any additional issue, if arises for consideration, should also be framed.

(3.) HON'ble Apex Court in the matter of Nedunuri Kameswaramma Vs. Sampati Subba Rao, AIR 1963 Supreme Court 884 has held as under: - ?Where the parties went to trial fully knowing the rival case and led all the evidence not only in support of their contentions but in refutation of those the other side, it cannot be said that the absence f an issue was fatal to the case, or that there was that mis-trial which vitiates proceedings. The suit could not be dismissed on this narrow ground, and also there is no need for a remit, as the evidence which has been led in the case is sufficient to reach the right conclusion and neither party claimed that it had any further evidence to offer.?