SATBIR Vs. ZILE SINGH AND OTHERS

JUDGEMENT

(1.) DEFENDANT No. 2 -Satbir has filed this revision petition under Article 227 of the Constitution of India impugning order dated 15.04.2013 Annexure P -4 passed by learned trial Court thereby dismissing application Annexure P -3 filed by defendant No. 2 -petitioner for amendment of written statement Annexure P -2 filed jointly on behalf of defendants No. 1 and 2. The petitioner alleged in his amendment application Annexure P -3 that defendant No. 1, who is real brother of defendant No. 2 -petitioner, obtained signatures of defendant No. 2 on some blank papers as well as blank printed vakalatnama on assurance that the suit would be defended. But the petitioner on engaging his separate counsel and on inspection of file learnt that defendant No. 1 in collusion with plaintiffs has fraudulently filed written statement on behalf of defendant No. 2 as well on blank signed papers and thereby admitted the claim of the plaintiffs in the suit. Defendant No. 2 now wants to completely substitute the written statement Annexure P -2 with fresh written statement as reproduced in the amendment application with a view to contest the suit hotly.

(2.) THE plaintiffs contested the amendment application filed by defendant No. 2 and controverted the averments made in the said application.

(3.) I have heard learned counsel for the petitioner and perused the case file.