SEWA SINGH Vs. PIARA SINGH AND ANOTHER

JUDGEMENT

(1.) This civil revision petition has been filed under Article 227 of the Constitution of India invoking supervisory powers of this Court by the petitioner who is defendant in the civil suit pending before the Court of Civil Judge (Junior Division), Phillaur, wherein an application under Order VI Rule 17 CPC moved by the petitioner-defendant has been dismissed.

(2.) By way of application for amendment of the written statement, the petitioner-defendant had sought to introduce pleadings regarding one mortgage deed of 10.2.1982 qua land comprising khasra No.34/21/3 and 47/1/3, total measuring 4 kanal 16 marlas. This request was strongly opposed by the respondent-plaintiff. Prayer of the defendant for seeking the amendment of the written statement was found to be of no merit and was dismissed vide the impugned order dated 2.5.2014 (Annexure P-6).

(3.) The petitioner-defendant in this revision petition has taken up a stand that this amendment could not have been refused by the lower court because it was to minimize the litigation and amendment in pleadings is permissible even at the appellate stage.