KAKA SINGH Vs. MITHU DASS

JUDGEMENT

(1.) The prayer of the petitioner for amendment of the written statement appears to have been declined primarily for the belated stage at which it had been made namely at the stage of arguments and that too when the suit had been pending for over three years. The plea sought to be taken in the written statement is otherwise an important one in that if it prevails it can decide the fate of the suit. The plea being with regard to custom. In the context of the larger interest of justice, the petitioner is allowed to amend his written statement as prayed, but keeping in view the belated stage at which this prayer has been made, it is allowed subject to payment of Rs. 1500/- as costs in each case.

(2.) This revision petition is disposed of accordingly. There will be no order as to costs.

(3.) Parties are directed to appear before the trail Court for further proceedings on April 5, 1990.