SOMESH Vs. TARA DEVI AND OTHERS

JUDGEMENT

(1.) This order will dispose of two petitions filed by the petitioner, who is one of the defendants in the suit, challenging the order dated 18.2.2010 (Civil Revision No. 7334 of 2010) rejecting the prayer for amendment of the written statement and order dated 16.10.2010 (Civil Revision No. 7372 of 2010) rejecting the application under Order 18 Rule 17-A read with Section 151 CPC for allowing the petitioner to get his specimen signatures compared from an expert.

(2.) Briefly, the facts of the case are that a suit for possession by way of specific performance of an agreement to sell dated 8.7.1998 was filed by respondent-plaintiff, namely, Gulab Singh (since deceased represented by his legal heirs). The suit was filed on 9.2.2001. After the entire evidence of the parties was complete, application for amendment of the written statement was filed, which was rejected. Further an application for additional evidence was filed for examination of handwriting expert. The same was also rejected. The aforesaid two orders are under challenge before this court.

(3.) Learned counsel for the petitioner submitted that at the time of filing of written statement originally, the stand taken by the petitioner was that he had not signed the alleged agreement to sell. The only amendment which is sought to be made now is that on the date of execution of alleged agreement to sell, the petitioner was a minor, hence not competent to enter into the agreement. The amendment being necessary for proper adjudication of the dispute between the parties deserves to be allowed while setting aside the impugned order dated 18.2.2010 passed by the court below.