HARI SINGH Vs. NACHHATTER SINGH

JUDGEMENT

(1.) This petition is directed against the order of the trial Court dated 24.11.1988 whereby application for amendment of the written-statement filed on behalf of the vendee-defendant Hari Singh, was dismissed. The defendant-petitioner wanted to take the plea that the parties are governed by a customary law which was necessary for the proper decision of the suit. This application was declined by the trial Court on the ground that since the case was fixed for arguments, that present application has been filed with the intention of delaying the disposal of the suit.

(2.) Learned counsel for the petitioner submitted that there was no question of delaying the proceedings. The plea sought to be taken was very material for the proper decision of the suit as the defendant was the vendee who had purchased the property for consideration. It the parties are proved to be governed by customary law, the suit is liable to be dismissed on this ground alone. Moreover, no evidence is to be led by him, if the said amendment is allowed.

(3.) After hearing the learned counsel for the petitioner, I find merit in this petition. The amendment sought was very material for the proper adjudication of the suit. Even if the application was belated the same could be allowed on payment of cost. Moreover, according to the defendant petitioner, he is not to lead any evidence, if the amendment is allowed. In these circumstances, the petition succeeds. The impugned order is set aside and the application for amendment is allowed on payment of Rs. 200/- as costs.