PAWAN KUMAR Vs. NIRMALA DEVI

JUDGEMENT

(1.) This revision is directed against the order dated January 4, 1992 whereby application of the defendant-petitioner under Order 6 Rule 17 of the Civil Procedure Code for amendment of written statement was dismissed by the trial Court.

(2.) Nirmala Devi, plaintiff-respondent filed a suit for joint possession of agricultural land and her share in the ancestral house as fully described in the head note of the plaint. Written statement to the suit was filed on December 2, 1989. The defendant filed an application for amendment of the written statement on November 8, 1991, inter alia, alleging that a mutation head been sanctioned in his favour by the Assistant Collector Ist Grade on April 3, 1989 on the basis of a Will dated December 11, 1987 and that during the pendency of the suit, the order of the Assistant Collector Ist Grade was reversed by the Collector on September 27, 1989 on appeal at the instance of the plaintiff. It was further alleged in the application that appeal of the defendant was dismissed by the Commissioner and that in these circumstances, it has become necessary to seek amendment of the written statement.

(3.) Learned counsel for the petitioner has been heard and the impugned order perused.