DALIP MASIH Vs. PREM JIT KAUR

JUDGEMENT

(1.) Application of the defendant-petitioner for amendment of the written statement filed before the lower appellate court having been declined on 1.6.2011, has given a cause to him to approach this Court through the present revision petition invoking jurisdiction of this Court under Art. 227 of the Constitution.

(2.) Brief facts may be noticed. The parties in litigation entered into an agreement to sell dated 17.9.2003 and specific performance of which was sought by filing suit on 13.5.2004. The plea of the defendant-petitioner in the written statement before the trial court was that the plaintiff was a money lender and there was no valid agreement of sale between the parties. The trial court decreed the suit on 10.11.2009. The defendant-petitioner filed appeal challenging the judgment and decree dated 10.11.2009. In the said appeal, an application for amendment was filed on 2.5.2011 which has been rejected by the lower appellate court vide order impugned herein.

(3.) Learned counsel for the petitioner submitted that the following amendment was required to be incorporated in the written statement.:-