CHOTTE LAL Vs. AMI LAL

JUDGEMENT

(1.) The present revision petition is directed against the impugned order dtd. 8/11/2017 (Annexure P-1) whereby application of the defendant for amendment of the written statement by adding following paragraph i.e. subsequent event with regard to decision dtd. 14/12/2016 rendered in civil suit filed on 16/4/2015 by Birender and Lal Singh, has been dismissed.

(2.) The application was dismissed simply on the ground that it was a delaying tactic.

(3.) Mr. J.P. Sharma, learned counsel appearing on behalf of the petitioner submitted that the respondent-plaintiff filed the suit for specific performance of the agreement to sell dtd. 28/12/2012 in May, 2013 and the written statement was filed on 2/9/2013 and the remaining defendants No.1A, 2A and 3 adopted the written statement already filed on 28/4/2014. The judgment sought to be incorporated is dtd. 14/12/2016 in the suit filed on 16/4/2015, which is a subsequent event. The trial Court declined the application on the ground of delay and also noticing the fact that plaintiff had also sought amendment of the plaint on 8/8/2016, which was allowed. The judgment is dtd. 14/12/2016 but the present application has been moved on 28/9/2017. The amendment sought is essential and necessary for proper adjudication of the suit and if not permitted, it would seriously prejudice rights of the defendants, thus, urges this Court for setting aside the impugned order.