NARAIN AUTO AGENCY Vs. SAT KARTAR ENGINEERING WORKS

JUDGEMENT

(1.) THE trial Court vide order dated May 7, 1988 dismissed application filed by the defendant for amendment of the written statement. The defendant has come up in revision against the said order.

(2.) THE plaintiff, M/s. Sat Kartar Engineering Works filed a suit for recovery of Rs. 42,000/against Narain Auto Agency and its partner Raj Inder Pal Singh defendants, towards arrears of lent. As per allegations of the plaintiff the tenancy started from July 1, 1980 and the rent was agreed at Rs 1,500/- per mensem. The suit was filed on June 15, 1987 for recovery of Rs. 42,000/- towards arrears of rent, as earlier rent had been received.

(3.) IN the written statement filed by the defendants in para 3, the tenancy and rate of rent was specifically admitted. However, subsequently when an application for amendment of the written statement was filed, this plea was sought to be amended. It was stated that the tenancy started initially from July 1, 1980 when the rent was fixed at Rs. 500/ per mensem. It was in February 1981 when the entire building was completed the rent was increased to Rs. 1,500/ -. In this manner the admission which was made in the previous written statement was sought to be withdrawn. According to the defendants this happened on account of negligence of the counsel in crafting the written statement.