P R I WORKS, KHANNA Vs. DEVI DASS

JUDGEMENT

(1.) This petition for revision against the order of the court of Shri Tara Singh, Subordinate Judge First Class, Samrala, dated May 10, 1974, refusing to the defendant-petitioners permission to amend their written statement so as to take up a plea that the plaintiff-respondents are money-lenders, but have no licence under the Money-Lenders Act, must be allowed on the short ground that the learned Subordinate Judge has not given any of the valid reasons for which an application under Order 6 Rule 17 of the Civil Procedure Code can be dismissed. The only ground on which the defendant-petitioner's application has been disallowed is that there is no force in the plea which the defendants want to take by way of amendment of their written statement. It is not disputed by the learned counsel for the plaintiff-respondents that this is not a valid ground on which amendment of the written statement can be refused.

(2.) This revision petition is accordingly allowed, the order of the trial Court is set aside. The Court below will now hear the application for amendment on merits and dispose it of in accordance with law. Since the respondents have been fair in not contesting the petition, there is no order as to costs of the proceedings in this Court. The parties are directed to appear in the trial Court on February 17, 1976.