JASWINDER KUMAR Vs. SIMLA BAI

JUDGEMENT

(1.) PRESENT revision petition has been filed against an order passed by the learned Additional District Judge, Sirsa vide which application moved by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure (for short the Code) seeking amendment of the written statement has been declined.

(2.) THE plaintiff-respondents had filed a suit for declaration and setting aside of judgment and decree dated 30.4.1993 passed in Civil Suit No. 1007 of 1993 titled Surinder Rani etc. v. Jaswinder Kumar. That suit was decreed on 29.4.2002. The petitioner filed appeal against the said judgment and decree.

(3.) MR . R.S. Mittal, learned senior counsel appearing on behalf of the petitioner has contended that the reasons given by the learned lower appellate court for rejection of the application under Order 6 Rule 17 of the Code cannot be sustained as in the application moved by the petitioner for the amendment of the written statement he has categorically mentioned that the Will executed by Karam Chand son of Buta Ram dated 20.11.1978 in favour of the defendant regarding the suit land and also the Will of Lal Chand in favour of the defendant and his mother dated 5.11.1991, photo copies of which were attached were not earlier in the knowledge of the defendant and therefore, he could not take that plea in the suit of 1993 as also in the present suit which goes to the root of the case. It was further pleaded that the Will came to knowledge of the defendant just on 6.5.2002 on the reference of Shri Kashmiri Lal, Ex-Sarpanch of Baruwali-Aval and on search of old papers in the house. Then the description of the Will was also given.