PALA RAM Vs. NAURANG SINGH AND NAURANGA

JUDGEMENT

(1.) DISMISSAL of an application by the petitioner Pala Ram for amendment of the written statement by the first appellate Court is what has given rise to the present revision petition.

(2.) NAURANG Singh, respondent herein filed a suit for possession by preemption against Pala Ram petitioner in respect of land measuring 1 Kanal 5 Marlas as fully detailed in the plaint. Suit was decreed by the trial Court by judgment and decree dated May, 4, 1991. It may be noticed at this stage that Pala Ram, defendant-vendee did not take any objection in the written statement to the effect that the suit was bad for partial pre-emption. Aggrieved by the judgment and decree, Pala Ram defendant preferred appeal which is now pending before the learned Additional District Judge.

(3.) DURING the pendency of the appeal, Pala Ram filed an application for amendment of the written statement so as to permit him to allege that the suit is bad for partial pre-emption and the impugned sale was not pre-emptible as he was a tenant on the land in suit. The application was opposed. Learned Additional District Judge by order dated October 19, 1992 dismissed the said application. Hence, this revision at the instance of Pala Ram, defendant.