DARSHAN SINGH Vs. NARANJAN SINGH

JUDGEMENT

(1.) THE challenge in this petition, by petitioner -defendant No.3 Darshan Singh s/o Chuhar Singh, is to the composite impugned order dated 2.8.2013 (Annexure P9), by virtue of which, the trial Court has dismissed his application (Annexure P5) to call DW2 Kashmiri Lal for his re -crossexamination and application (Annexure P7) for amendment of written statement under Order 6 Rule 17 read with Section 151 CPC.

(2.) AT the very outset, the learned counsel for petitioner did not challenge the impugned order and press the revision petition, as regards the dismissal of the application (Annexure P5) to recall the indicated DW2 is concerned. To this extent, the present revision petition is dismissed being not pressed.

(3.) HOWEVER , after hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration over the entire matter, to my mind, the impugned order cannot legally be maintained, as it relates to the dismissal of application (Annexure P7) of petitioner for amendment of written statement. As is evident from the record that the petitioner -defendant wants to amend the written statement (Annexure P2) in the following manner: -