K.B. SHARMA Vs. KEERTI KARAN DHARNI

JUDGEMENT

(1.) THIS revision-petition, under Article 227 of the Constitution of India, is directed, against the order dated 21.08.08, rendered by the Court of Civil Judge (Junior Division), Chandigarh, vide which, the application, under Order 6, Rule 17 of the Code of Civil Procedure, for the amendment of written statement, filed by the defendant, was accepted.

(2.) DURING the pendency of suit, for specific performance of agreement of exchange dated 27.06.02, in respect of 1/4 share of defendant No. 1, in house No. 1546, Sector 38-B, Chandigarh, filed by the plaintiff, he (defendant No. 1), filed an application, under Order 6, Rule 17 of the Code of Civil Procedure, for the amendment of written statement. By way of amendment, defendant No. 1, wanted to add the facts that his signatures were obtained on blank papers, by the plaintiff, which were, later on, converted into an agreement of exchange; that the plaintiff, had been under suspension, since 1998, in a corruption case, popularly known as Jerath case, and was also sentenced to imprisonment, in the same; that he was in financial problem; that certain blank cheques, duly signed by him, were handed over to his sister i.e. the wife of the plaintiff, for paying his monthly instalments of house No. 1546, Sector 38-B, Chandigarh, for which, he had given General Power of Attorney, to her; that the same were subsequently misused and the case with regard to the same, was already pending. It was stated that the amendment, was essential, for the just decision of the case.

(3.) AFTER hearing the Counsel for the parties, the trial Court, accepted the application, vide order dated 21.08.08.