AJAIB SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) This revision petition has been filed against the order of the Subordinate Judge II Class, Jalandhar dt. 5-9-1985 allowing the defendant to amend the written statement and incorporate therein that the cause of action had arisen in village Kala Singha, situated in District Kapurthala and therefore, the Court at Jalandhar had no jurisdiction to try the suit.

(2.) Briefly, the facts are that the plaintiff instituted a suit for the recovery of Rs. 3,500/- as principal and interest on the basis of a pronote. The suit was contested by the defendant who denied the execution of the pronote and the receipt. He did not raise any objection regarding the territorial jurisdiction of the Court at Jalandhar. The Court framed issues in the case and recorded evidence of the parties. 24-8-1985 was fixed for arguments when the defendant made an application for amendment of the written statement incorporating therein that the cause of action had arisen at village Kala Singha, District Kapurthala and therefore, the Civil Court at Jalandhar had no jurisdiction to try the suit. The amendment application was allowed by the learned Subordinate Judge. Consequently, the plaintiff has come up in revision petition to this Court.

(3.) It is contended by the learned counsel for the petitioner that the defendant did not take any objection in the written statement regarding the jurisdiction of the Court at Jalandhar. On the other hand, he specifically admitted therein that the Civil Court at Jalandhar had the jurisdiction to try the suit. Thereafter the issues were framed and evidence was concluded by the parties. In these circumstances, he should not have been allowed to amend the written statement at that late stage.