KHAJANI DEVI Vs. BHAGWANI DEVI

JUDGEMENT

(1.) THIS petition is directed against the order of the Trial Court dated September 29, 1989, whereby the application for amendment of the plaint: was declined.

(2.) THE plaintiffs filed the suit on April 5, 1986 for declaration on the ground that just after the karewa marriage by defendant No. 1, Dilbag Singh died on July 6, 1952. On the other hand, the defendants alleged that the karewa marriage of defendant No. 1 was performed in the year 1957. The parties led evidence on the various issues framed by the Trial Court. It was on September 13, 1989, when the case was fixed for rebuttal evidence and final arguments that the plaintiffs moved the application for seeking amendment of the plaint with the averments that defendant No. 1 performed karewa marriage after the death of Dilbag Singh and that they be allowed to amend the plaint accordingly. The said application was contested on behalf of the defendants and the Trial Court came to the conclusion that a party cannot back out from its admission already on the file, nor the plaintiffs can take a contradictory plea by way of amendment specifically when the case is at its final stage.

(3.) ACCORDING to the plaintiffs petitioners, if the amendment was allowed to be made, they may not lead any additional evidence, and, therefore, that being so, the amendment should have been allowed. From the facts and circumstances of the case, I do not find any justification for interference in the impugned order in the revisional jurisdiction. There is absolutely no explanation why the said amendment was not sought earlier. It was only when the defendants had closed their evidence that the said application was filed. In any case, the amendment was not thought necessary to determine the real controversy between the parties.