RESHAM KAUR Vs. MOHINDER LAL

JUDGEMENT

(1.) The defendant/petitioner has filed this revision petition under Article 227 of the Constitution of India, assailing the correctness of the order, passed by the learned Civil Judge (Junior Division), Garhshankar, dismissing the application for permission to amend the written statement filed after the commencement of the trial. In the present case, the plaintiff has already concluded his evidence.

(2.) The plaintiff has filed a suit on 18/4/2015 for specific performance of the contract/agreement to sell dtd. 11/6/2013. The defendant contested the suit by filing a detailed written statement through her counsel. Apart from the other things, the defendant pleaded that her signatures on the agreement to sell are forged as she has not put any such signatures. She further pleaded that the agreement to sell is the result of fraud, fabrication and misrepresentation.

(3.) After the completion of the pleadings, the Court framed the issues and permitted the parties to lead their evidence. As noticed above, the plaintiff has already concluded his evidence. The plaintiff also led his evidence to prove that the defendant had signed and thumb-marked the agreement to sell.