JASWINDER SINGH Vs. PARAMJIT SINGH AND ORS.

JUDGEMENT

(1.) THIS order will dispose of a revision petition filed by defendant No. 1 - petitioner challenging the order dated January 20, 2014 (annexure P -6), under Article 227 of the Constitution of India, dismissing the application under Order 6 Rule 17 CPC filed by him for the amendment of written statement. Plaintiff -respondent No. 1 Paramjit Singh has filed a suit for partition of the residential house mentioned in the heading of the plaint in the trial Court claiming separate possession of 1/3rd share in the suit property. After framing of issues, the petitioner filed an application for amendment of the written statement claiming that in the written statement filed by him, he disclosed the entire facts to his previous counsel but he did not mention the entire facts while filing the written statement. When he engaged another counsel, on inspection of the case file, he came to learn that the evidence of the defendant -petitioner had been closed without his consent. Petitioner in his application for amendment of written statement wanted to incorporate in para 1, in reply on merits, the following averments: -

(2.) THE defendant claimed that the said amendment is necessary for the just and proper decision of the suit. The trial Court has dismissed the application observing that the petitioner had engaged a counsel who had closed the evidence in affirmative after three effective opportunities were given to the petitioner and that the petitioner wanted to bring altogether new facts in the case which were not pleaded by him in his original written statement and that the amendment had been sought after the trial had commenced.

(3.) I have considered the judgment cited by counsel for the petitioner in Andhra Bank Vs. ABN Amro Bank N.V. and others, : 2007 (3) RCR (Civil) 585, Usha Balashaheb Swami and ors. Vs. Kiran Appaso Swami and Ors., : 2007 (2) RCR (Civil) 830 and South Konkan Distilleries and another Vs. Prabhakar Gajanan Naik and ors., : 2008 (4) RCR (Civil) 513, wherein it has been laid that amendment in the written statement may be allowed by adding facts if it is necessary for the just decision of the case.