PAL SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) THIS petition filed under Articled 227 of the Constitution prays for quashing order dated 7.5.2005 passed by the trial Court dismissing the application of the defendant-petitioner for amendment of the written statement preferred under Order 6, Rule 17 of the Code of Civil Procedure, 1908 (for brevity 'the Code').

(2.) BRIEF facts of the case are that the plaintiff-respondent filed Civil Suit No. 127 dated 20.5.1997 for possession of the land as detailed in the head note of the plaint by way of specific performance of agreement to sell dated 11.11.1996. After completion of pleadings and framing of issues the plaintiff-respondent proceeded with his evidence and concluded the same. At the stage when the case was fixed for evidence of the defendant-petitioner an application for amendment of the written statement under Order 6, Rule 17 of the Code was filed. The plaintiff-respondent contested the application and the same was dismissed by the trial Court vide order dated 7.5.2005. The operative part of the order passed by the trial Court reads as under :

(3.) MR . P.K. Gupta, learned counsel for the plaintiff-respondent has argued that the amendment if allowed would result into de-novo trial and it would unnecessarily delay the conclusion of the trial. He has also submitted that there is no error of jurisdiction or impropriety committed by the trial Court while passing the impugned order dated 7.5.2005. Learned counsel has then pointed out that even original of the documents dated 20.12.1995 and 8.5.1996 were not in possession of the defendant-petitioner and no explanation was tendered by him as to why these documents were not produced at the earlier stage.