RAM NIWAS Vs. DAYA NAND AND ORS.

JUDGEMENT

(1.) Order dated 15.4.2013 of the lower Court whereby amendment of written statement sought by the petitioner-defendant was declined, is under challenge.

(2.) It is claimed that the learned lower Court not only failed to take into account material aspects of the case but also did not consider the fact that amendment of written statement has different scope whereas amendment to the plaint is distinct. It is urged that the amendment sought goes to the root of the matter under adjudication and is required for effective and proper adjudication of the dispute between the parties. It is canvassed that the pleadings are required to be wholesome and thus amendment is necessary.

(3.) Perusal of the paper-book reveals that the defendant by way of filing the application, had sought to amend the written statement so as to incorporate pleas under Order XXIII, Order II Rule 2 and Section 11 CPC, to claim that the suit was barred.