AMAR SINGH Vs. NIRMAL SINGH

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 07.07.2015, passed by learned Additional Civil Judge (Sr. Division), Sunam, vide which the application filed by the petitioner -defendant for amendment of written statement has been dismissed.

(2.) Learned counsel for the petitioner contended that the minor amendments were sought in the written statement. A legal plea with respect to the jurisdiction of the Civil Court was to be raised as the matter relates to the consolidation. He further contended that the khasra number was also wrongly mentioned as 177/22/2 instead of 177/22. He pleaded that the law regarding amendment of the written statement is very liberal. The aforesaid amendment was necessary for determination of the real controversy in the suit. So, the learned trial Court has wrongly dismissed the application.

(3.) On the other hand, learned counsel for the respondents contended that the trial has already commenced. Plaintiffs have also led their evidence. So, the application for amendment of written statement has been filed after the commencement of the trial at belated stage. Thus, he contended that the learned trial Court has rightly dismissed the application.