BALVIR SINGH Vs. JASPAL SINGH

JUDGEMENT

(1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India for quashing impugned order dated 13.12.2012 (Annexure P/5) passed by learned Civil Judge (Senior Division), Sangrur whereby application filed by the petitioner -defendant No. 2 under Order 6 Rule 17 CPC for amending the written statement, has been dismissed. Brief facts of the case are that respondent No. 1 -plaintiff filed a suit for possession by way of specific performance on the basis of agreement to sell dated 05.09.2006 with regard to land measuring 12 kanals detailed in the headnote of the plaint. After notice to the parties, defendants filed their written statement wherein petitioner -defendant No. 2 has made an admission regarding execution of agreement to sell dated 05.09,2006 and cancellation of the same in pursuance of compromise dated 15.02.2008 entered between the parties. The issues were framed. The case was fixed for evidence of the plaintiff. Thereafter, petitioner/defendant No. 2 filed an application under Order 6 Rule 17 CPC seeking amendment in the written statement, which has been dismissed by the learned trial Court vide impugned order dated 13.12.2012 (Annexure P/5) by observing that the defendant cannot be allowed to amend the written statement after commencement of the trial. Hence, this revision petition.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) THE contention of the learned counsel for the petitioner that admission can be withdrawn at any stage is not sustainable, specifically when it goes to the root of the case and' the entire complexion of the written statement is sought to be changed by withdrawing such admission. Learned counsel for the petitioner has placed reliance on judgments of Hon'ble Supreme Court in Vidyabai and others v. Padmalatha and another, : 2009 (1) RCR (Civil) 763, Panchdeo Narain Srivastava v. Km. Jyoti Sahay and another, : AIR 1983 Supreme Court, 462 (1) and judgments of this Court in Sagar Singh Slathia v. Surinder Pal Singh, : 2009 (3) RCR (Civil) 37, Gautam Sarup v. Anand Sarup and others, : 2006 (4) RCR (Civil) 248 and S.B. Agro Foods Nihal Singh Wala v. State of Punjab and others, : 2009 (1) Civil Court cases 320 (P & H) (DB).