JAGTAR SINGH Vs. GURJEET SINGH AND OTHERS

JUDGEMENT

(1.) Jagtar Singh - defendant No. 3 in the trial court and appellant before the lower appellate court has filed this revision petition under Article 227 of the Constitution of India impugning order dated 08.02.2011, passed by learned Additional District Judge, Ludhiana, thereby dismissing application (Annexure P-1) moved by the appellant-petitioner for amendment of written statement. Suit filed by respondent No. 1-plaintiff Gurjeet Singh against respondents No. 2 to 4 herein and against the petitioner herein has been decreed by the trial court vide judgment and decree dated 06.03.2010. Jagtar Singh - defendant No. 3 has filed first appeal against judgment and decree of the trial court. During pendency of the said appeal, appellant filed application (Annexure P-1) for amendment of written statement alleging that the plaintiff Gurjeet Singh had earlier instituted a suit for permanent injunction against Malkiat Singh etc., to which present petitioner was party as defendant No. 4, but the present petitioner at the time of filing of his written statement in the trial court, was not aware of the said suit filed in June 2002 and decided on 15.06.2002 within nine days of its institution. In that suit, Mr. Rishi Raj Kalia, Advocate put in appearance on behalf of present petitioner Jagtar Singh, but Vakalatnama in favour of said Advocate was not signed by the present petitioner and his alleged signatures thereon were forged. The petitioner, therefore, filed criminal complaint against Gurjeet Singh - plaintiff for various offences. All these facts are sought to be pleaded by amendment of written statement.

(2.) Respondent No. 1-plaintiff opposed the amendment application alleging that the petitioner-appellant filed criminal complaint on 29.01.2011 to create evidence for filing amendment application on 01.02.2011. It was also pleaded that appellant-petitioner Jagtar Singh had filed a revenue appeal, which was decided on 31.05.2007. In that case, copy of the injunction suit was also filed. The said revenue appeal was decided on 31.05.2007 based on said order of the Civil Court. Consequently, the petitioner-appellant was aware of the said injunction suit and proposed amendment of written statement cannot be allowed at this belated stage.

(3.) Learned lower appellate court, vide impugned order dated 08.02.2011, dismissed the amendment application moved by the appellant, who has, therefore, filed this revision petition to challenge the said order.