PAWAN KUMAR Vs. MOHINDER SINGH

JUDGEMENT

(1.) Challenge in this revision petition under Article 227 of the Constitution of India is the order dated 11.8.2010 (Annexure P-1) vide which the application filed by the defendant under Order VI Rule 17 read with Section 151 Code of Civil Procedure (in short the CPC) for amendment of the written statement was dismissed.

(2.) Briefly stated Mohinder Singh plaintiff now respondent filed suit for recovery of Rs.5,24,062/- along with interest. The defendant filed written statement in which in the preliminary objection in respect of TATA SUMO bearing registration No.CHO-1Q-8307 was taken that the said vehicle was agreed to be sold to the defendant vide agreement dated 27.12.2001. It is mentioned that vehicle was hypothecated with Union Bank of India and plaintiff took the liability to pay the balance instalments and thereafter stopped the payment and the vehicle was taken by the bank due to non-payment of loan amount. Plaintiff has failed to perform his part of the contract and the defendant is not liable for the same. The defendants now wants to amend the written statement so as to take the plea that vehicle was hypothecated with Associate India Finance Services Pvt. Limited (Associate Bank), and the instalments were paid through United Bank of India and took the liability to pay the balance amount.

(3.) The said application was resisted. The learned trial Court after hearing both the sides dismissed the said application for amendment of the written statement vide order dated 11.8.2010 (Annexure P-1).