TARSEM SINGH Vs. TARSEM LAL

JUDGEMENT

(1.) After hearing learned counsel for the parties, C.M. No. 12990 C-II of 1998 is allowed and the revision petition is ordered to be restored at its original number.

(2.) This revision is directed against the order dated 14.6.1193 of the trial court whereby an application moved by the defendant for amendment of the written statement was allowed.

(3.) Plaintiff-petitioner filed a suit for specific performance of the agreement dated 10.12.1989 entered into between the parties, and in the alternative a suit for the refund of Rs. 30,000/-. The suit was filed in March, 1990. In the written statement, the primary stand of the defendant was that he did not receive a sum of Rs. 15,000/- as earnest money under the agreement and that he did not execute the agreement in question and that the receipt is false and fake. Parties were put to trail thereafter, after framing issues. The plaintiff concluded his evidence on 18.1.1993 and thereafter the case was posted for evidence of the defendant. It was at that stage the defendant moved application dated 17.2.1993 seeking amendment of the written statement. The defendant by moving this application wanted to take a somersault by alleging that the agreement was executed and the money was received but it was rescinded thereafter and the earnest money was refunded.