GURDIAL Vs. KULWANT RAI

JUDGEMENT

(1.) THE facts for the disposal of this Civil Revision are that the respondent filed a suit for declaration to the effect that plaintiff- respondent has become the owner by the efflux of time as Wadhawa Ram mortgaged the property with him vide mortgage deed dated 11.1.1965. The petitioners contested the suit and controverted the allegations by filing the written statement.

(2.) RESPONDENT lead the evidence. Petitioners were called upon to lead their defence evidence by affording eight opportunities. Then the evidence was closed by order. The case was fixed for rebuttal arguments and at that stage, petitioners moved an application under Order 6 Rule 17 CPC for amendment of the written statement and set up a counter claim. The proposed amendments of written statement and the counter claim are as under :-

(3.) AFTER hearing the learned counsel for the parties and perusing the record, I am of the considered opinion that there is no illegality or irregularity in the impugned order.