BALWANT Vs. GURDEV SINGH

JUDGEMENT

(1.) Instant revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 20.08.2011 (Annexure P-3) passed by learned Civil Judge (Jr. Divn.), Phul, Bathinda whereby application filed by the petitioner-defendant no.2 under Order VI Rule 17 of the Code of Civil Procedure, 1908 (in short "the Code") has been dismissed.

(2.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that respondent no.1 had filed suit challenging the transfer deed dated 08.01.2003 allegedly executed by defendant no.1-Bachan Singh (since deceased) in favour of the petitioner-defendant no.2. After the demise of Bachan Singh, respondent no.1-plaintiff moved application for amendment of plaint which was allowed. Thereafter, the petitioner moved application under Order VI Rule 17 of the Code for amendment of written statement. The petitioner wants to add para 3-A after para no.3 in written statement which reads as under:

(3.) Vide impugned order dated 20.08.2011, the trial Court has dismissed the said application. Hence, this revision petition.