KHUSHI RAM Vs. RAM CHAND

JUDGEMENT

(1.) ON 6th October, 1969, Ram Chand brought a suit for the recovery of rs. 6129. 70 against Khushi Ram on the basis of a writing in the Bahi. The defendant filed his written statement on 5th February, 1970, in which he denied the said claim. The case was then tried and, ultimately, when the stage of arguments came, the defendant moved an application on 26th November, 1971, for the amendment of his written statement. By the said amendment, he wanted to claim a set off Rs. 2158. 42 from the plaintiff on account of the goods supplied to firm Kundan Lal Ram Chand. This Ram Chand, according to the defendant was the plaintiff and he had also stood as surety for the payment of the said amount.

(2.) THIS application was contested by the plaintiff and then rejected by the trial judge by means of his order dated 6th December, 1971. Against this, the present revision petition has been filed by the defendant.

(3.) THE trial Judge, in the impugned order had given a number of reasons for rejecting the defendant's application. One of them being, that he was not satisfied with the reason giving by the defendant for making that application at such a belated stage. The defendant had mentioned that he was ill and could not fully instruct his counsel, when the latter filed the written statement on his behalf. While rejecting this reason, the learned Judge observed that it could not be believed that the plea of set-off could not be taken because the defendant was ill and, therefore, could not properly instruct his counsel.