JASWANT Vs. ATTAR SINGH AND OTHERS

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 27.01.2016 passed by the learned Addl. District Judge (Rohtak), vide which the application moved by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (for short C.P.C.) for amendment of the written statement at the appellate stage has been dismissed.

(2.) Learned counsel for the petitioner contended that the petitioner was represented in the learned trial Court by Sh. Ashok Deswal, Advocate. The entire facts were disclosed to him. But, inadvertently some detailed facts could not be given in the written statement. He contended that now, the petitioner wants to make the amendment in the written statement to take the plea that the petitioner has become owner of the land in dispute by way of adverse possession. He has orally purchased the land in dispute from Udal Singh even before the purchase of the land by the plaintiff-respondent. The petitioner has even constructed the house in the year 1980. Whereas, the plaintiff-respondent has become the owner of the property in dispute in the year 2009. He contended that the pleading of all these facts are essential to adjudicate upon the controversy involved in the suit. Thus, he pleaded that the learned First Appellate Court has wrongly dismissed the application.

(3.) I have duly considered the aforesaid contentions.