HARDYAL SIDHU Vs. REKHA RANI

JUDGEMENT

(1.) Defendant/Petitioner has assailed the order dated 11.3.2011 (P2) whereby his application under Order 6 Rule 17 Code of Civil Procedure for amendment of written statement has been declined.

(2.) Learned Counsel for the Petitioner submits that the Petitioner/Defendant only wishes to make necessary amendment in the pleadings to the extent that there are material alterations and additions in the alleged agreement to sell dated 4.11.1997 which are apparent on its face. He further submits that Defendant/Petitioner does not intent to lead any further evidence qua such an averment.

(3.) It is apparent from the record that Plaintiff/Respondent had filed a suit for specific performance of the agreement to sell dated 4.11.1997 in respect of suit property measuring 10 marlas as detailed in the head note of the plaint. When the entire evidence had been led by both sides and case was at the stage of rebuttal evidence and arguments, the application (P1) seeking amendment of the written statement was preferred.