KANTA KUMARI Vs. SEWA RAM & ORS

JUDGEMENT

(1.) Present revision petition is directed against the order passed by court below allowing the application filed by co-defendant of the petitioner to amend the written statement.

(2.) Learned counsel for the petitioner has assailed the impugned order and submits that amendment allowed by court below shall change the nature of suit. In fact a new plea is sought to be raised before the court which is impermissible. He has relied upon judgment of the Apex court reported as M/s Modi Spinning & Weaving Mills Co. Ltd. & anr. M/s Ladha Ram & Co., 1977 AIR(SC) 680

(3.) Learned counsel for the respondent no. 1 has, however, opposed the plea. He contends that by way of amendment, applicant-defendant has only proposed to take a plea that he was 'Chela' of the deceased Bhai Charan Dass. According to him, inconsistent stand can always be taken in the written statement. He has relied upon judgment Usha Balashaheb Swami & ors. vs. Kiran Appaso Swami & ors., 2007 2 CivCC 785.