JAI SINGH Vs. KANWAR SINGH AND OTHERS

JUDGEMENT

(1.) Challenged in the present revision petition is the order dated 31.07.2015 passed by learned Civil Judge (Jr. Divn.), Mohindergarh, vide which the application of the defendant-petitioner for amendment in the written statement was dismissed. By way of amendment, the defendant-petitioner wants to raise plea that the suit is barred under Section 13A of the Village Common Land Act, 1961.

(2.) A perusal of the impugned order shows that the case is probably fixed for arguments. This appears to have weighed in the mind of the lower court to dismiss the application. I am of the view that the legal plea can always be raised even at the stage of arguments.

(3.) If such plea is raised before the lower court, the same shall be considered and decided on merits.