LAWS(P&H)-2015-8-359

SATNAM SINGH AND OTHERS Vs. DEV KAUR

Decided On August 20, 2015
Satnam Singh And Others Appellant
V/S
Dev Kaur Respondents

JUDGEMENT

(1.) (Oral) - The challenge in the present petition is to the order dated 16.7.2015 whereby the application filed by the respondents plaintiffs seeking amendment of the plaint has been allowed.

(2.) Learned counsel for the petitioner-defendant submits that the amendment sought was to incorporate in the plaint the relief of recovery on the premise that owing to typographical mistake to claim a refund of Rs.6,50,000.00 instead of Rs. 5,50,000.00. He further submits that this application has been filed beyond three years and therefore, the trial court has committed illegality, much less perversity, in allowing the application at the fag end of the suit. In support of his contentions, he has relied on the judgments in Raghvir Parshad etc. Vs. Chet Ram 1973 (2) ILR (Punjab)323 , Vikram Singh Mehta Vs. M/s Bajaj Auto Ltd. 2001 (2) RCR (Civil) 434 , Subramanian Vs. Aboobacker Koya 2004 (2) RCR (Civil) 423 and The State of Rajasthan and others Vs. Rao Dhir Singh and others AIR 1972 Rajasthan 241 (V.59 C 65).

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