MAHLA SINGH Vs. HANS RAJ

JUDGEMENT

(1.) Allowed as prayed for.

(2.) Defendant Mahla Singh has invoked the jurisdiction of this Court under Article 227 of the Constitution of India to impugn order dated 27.10.2010, Annexure P/4 passed by learned Additional Civil Judge (Senior Division), Jalalabad (West) thereby dismissing application Annexure P/2 moved by the Defendant-Petitioner for amendment of written statement.

(3.) Respondent - Plaintiff Hans Raj has filed suit for possession of suit property by specific performance of agreement to sell dated 3.7.2003 allegedly executed by Defendant in favour of the Plaintiff. The Defendant in his written statement has has denied the said agreement and has alleged that Plaintiff is not known to the Defendant. By way of amendment, the Defendant wants to introduce a new story that his wife had litigation with her brother regarding inheritance of their father and for meeting the litigation expenses the Defendant borrowed some amount from one Hakam Chand who had taken the said money from his Commission Agent Des Raj. Ultimately, Defendant's wife executed a registered sale deed in favour of Hakam Chand to liquidate said debt. However, blank papers bearing thumb impressions of the Defendant which had been obtained at the time of obtaining loan were not returned by Hakam Chand and Des Raj. These pleas are sought to be taken by amendment along with some other pleas.