LAWS(P&H)-1987-5-133

GULSHAN KUMAR Vs. CHANDER BHAN

Decided On May 06, 1987
GULSHAN KUMAR Appellant
V/S
CHANDER BHAN Respondents

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Court dated 8th January, 1987 whereby application for amendment of the written statement was dismissed.

(2.) When the suit was at the stage of rebuttal and arguments, the defendant petitioner moved an application for amendment of the written statement whereby he wanted to plead that tenancy starts from the 10th of every month and ends on the 9th of the following month and not from the Ist of every month and ends on the last day of that month. The application was contested on behalf of the plaintiff. The trial Court dismissed the same with the observations, 'Moreover, he should have taken a specific stand in his written statement which he failed to do. The case is now at the stage of rebuttal and arguments. This also shows that application has been filed to delay the proceedings. There is no dispute that the amendment of the applicant/defendant can be allowed at any stage, yet under the circumstances of this case, the proposed amendment, if allowed shall cause irreparable loss to the respondent/plaintiff, who cannot be compensated with costs because he has already led the evidence to prove his case.'

(3.) The learned counsel for the defendant-petitioner submitted that mere delay by itself was no cause to disallow the amendment and therefore, the trial Court dismissed the application illegally.