NIRMAL SINGH Vs. NIRANKAR SINGH

JUDGEMENT

(1.) THE defendants are before this court impugning the order dated 9.9.2013, passed by the learned court below, vide which the application filed by the petitioners -defendants seeking to amend the written statement, was dismissed.

(2.) LEARNED counsel for the petitioners submitted that the respondent -plaintiff filed a suit for specific performance of agreement to sell dated 7.2.2008. The total sale consideration is Rs. 2,36,00,000/ -. Earnest money of Rs. 50,00,000/ - was paid. Rs. 2,00,000/ - were paid subsequently. It was pleaded that receipt for the aforesaid amount was given on the back side of the agreement to sell and on a separate sheet as well. The last date for execution of the sale deed was 25.5.2008. In the written statement initially filed, the petitioners admitted execution of the agreement to sell and even receipt of Rs. 50,00,000/ -. They denied receipt of Rs. 2,00,000/ -. The case set up was that the plaintiff was not ready and willing to get the sale deed executed. When in the evidence of the plaintiff, original agreement to sell was produced on record, there were certain discrepancies found regarding purchase of stamp papers and date of payment of Rs. 50,00,000/ -, which was not in terms with what was admitted by the petitioners in the written statement earlier filed, hence the need arose to amend the written statement to explain the admissions already made. The same will not prejudice the case of the respondent. The law is quite liberal in permitting amendment of the written statement, which can be done at any stage of the proceedings.

(3.) THE application was filed, when the case was at the stage of defendants' evidence.