MAHIPAL SINGH Vs. PAPU RANA AND OTHERS

JUDGEMENT

(1.) Petitioner-plaintiff is aggrieved of the impugned order whereby application seeking amendment of the plaint has been dismissed on the ground that it tantamounts to withdrawal of the admission.

(2.) Learned counsel appearing on behalf of the petitioner submits that application has been dismissed on the ground that it tantamounts to withdrawal of the admission whereby specific fact has been pleaded in the plaint that it was filed at the initial stage and issues had not been framed. He further submits that specific allegations were attributed against lawyer who had initially filed the suit and intentionally pleaded wrong facts which tantamounts to condoning the period of limitation seeking enforcement of agreement earlier entered by the plaintiff with him.

(3.) This fact has not been noticed by the Court below while dismissing the application.