CHINKU RAM Vs. VIJAY KUMAR & OTHERS

JUDGEMENT

(1.) Present revision petition is directed against the order dated 9.3.2009, passed by Additional District Judge, Sonepat whereby amendment in written statement has been allowed at the appellate stage.

(2.) Learned counsel for the petitioner has assailed the order. He submits that civil suit remained pending for number of years. Defendant never took the plea of adverse possession before the court below. The appellate court has, thus, gravely erred in allowing amendment and granting opportunity to lead evidence after framing an additional issue on the basis of amended written statement.

(3.) Learned counsel appearing for the respondents, however, opposed the plea. He submits that no prejudice is going to be caused to the plaintiff by virtue of the amendment. Thus, appellate court has rightly allowed the defendant to amend the written statement.