TARAN SINGH Vs. BANARSI LAL

JUDGEMENT

(1.) THE defendant is in revision aggrieved against the order dated 14.9.2004 passed by the learned trial Court whereby the application seeking amendment of written statement was declined.

(2.) THE plaintiff-respondent has filed a suit for specific performance of the agreement dated 22.12.1997. The defendant denied the execution of said agreement and alleged that the agreement, if any, is forged and fabricated and is the result of fraud, misrepresentation and impersonation. Subsequently, the plaintiff concluded his evidence and the defendant was called upon to lead his evidence. At that stage, the defendant moved an application to plead that the defendant is a Lamberdar and the plaintiff used to get his signatures as attesting witness on his documents. In the present agreement, the plaintiff got the signatures of the defendant on the blank papers posing that his signatures are required as attesting witness.

(3.) THE question whether the defendant has signed such document as agreement of sale is the matter in issue before the learned trial Court. Such issue is required to be decided on the basis of evidence. The amendment sought by the defendant is, in fact, to explain the already raised pleadings and does not run counter to the same. Therefore, the reasoning given by the learned Court in declining the amendment cannot be sustained.