JAGDISH Vs. HARISH CHANDER

JUDGEMENT

(1.) This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dtd. 5/3/2025 passed by the Civil Judge (Junior Division), Gohana (Annexure P-10) vide which an application of the petitioner/defendant seeking amendment of the written statement under Order 6 Rule 17 CPC dtd. 24/1/2025 (Annexure P-8) had been dismissed.

(2.) Learned counsel for the petitioner has submitted that the petitioner in the original written statement on account of inadvertence could not raise the plea of fraud which he wishes to take by moving an application dtd. 17/1/2025 (Annexure P-8) under Order 6 Rule 17 CPC. It is submitted that the mortgage deed was got signed from the petitioner fraudulently by alleging that the same was a rent deed and the same was procured in order to fabricate the ground for eviction. It is argued that the said amendment is very necessary and thus, deserves to be allowed and the impugned order vide which the said amendment has been rejected, deserves to be set aside.

(3.) This Court has heard learned counsel for the petitioner and has perused the paper book and finds that the impugned order is in accordance with law and deserves to be upheld and the present revision petition being meritless deserves to be dismissed for the reasons stated hereinafter.