DAYAL SINGH AND ORS. Vs. RAJ PAL

JUDGEMENT

(1.) The petitioners -defendants are aggrieved of the order whereby the application seeking amendment of the written statement has been dismissed. Mr. Deepak Sharma, learned counsel appearing on behalf of the petitioners submits that due to inadvertence and oversight the certain words were incorporated in the written statement which was sought to be amended by seeking in paragraph 8 and 9 of the written statement and 10 of the reply to the stay application. The said amendment will not amount to withdrawal of the admission.

(2.) Mr. Rajiv Sidhu, learned counsel appearing on behalf of the respondent submits that though the trial has not commenced the suit is at initial stage but proposed amendment amounts to withdrawal of the admission as it completely changes the nature of the defence taken in the written statement.

(3.) I have heard learned counsel for the parties and appraised the paper book.