MUKESH KUMAR Vs. SUSHIL MITTAL AND OTHERS

JUDGEMENT

(1.) Defendant No. 1 Mukesh Kumar has filed this revision petition under Article 227 of the Constitution of India to challenge order dated 01.10.2011 (Annexure P-3), passed by learned Civil Judge (Junior Division), Chandigarh thereby dismissing application (Annexure P-1) moved by defendant No. 1-petitioner for amendment of his written statement (Annexure P-6). Respondents No. 1 to 3/plaintiffs have filed suit vide plaint (Annexure P-5) against defendant No. 1-petitioner and respondents No. 4 to 6 as defendants No. 2 to 4. In paragraphs 2 and 3 of the plaint, plaintiffs made averments regarding ownership and possession and tenancy of parts of the disputed property SCF No. 88, Sector 26, Grain Market, Chandigarh. Sale deed of 1/8th share thereof in favour of defendant No. 1 by defendants No. 2 to 4 through their alleged attorney Santosh Kumar (father of defendant No. 1) has been challenged in the suit.

(2.) Defendant No. 1, in corresponding paragraphs No. 2 and 3 of his written statement (Annexure P-6), admitted paragraphs 2 and 3 of the plaint as correct.

(3.) Defendant No. 1 moved application (Annexure P-1) for amendment of written statement alleging that on 28.08.2011, on surfing of internet, defendant No. 1 came to know of certain facts about ownership of certain property and then verified the same on inspection of record of Estate Officer. Accordingly, defendant No. 1, by amendment, sought to withdraw the aforesaid admissions made in paragraphs 2 and 3 of the written statement on merits and wanted to raise several new preliminary objections and new facts.