ANIL Vs. BHUPENDER

JUDGEMENT

(1.) Petitioner has assailed the order dtd. 2/3/2019 passed by Additional Civil Judge (Senior Division), Charkhi Dadri allowing the application for amendment in the written statement.

(2.) The proposed amendment in the form of two defences was sought to be incorporated. Defendant sought to plead that he was involved in some bad company and became addicted and in that process, plaintiff had obtained his signatures by way of fraud. Defendant has also sought to incorporate market value of the property to the tune of Rs.1.5 crores and the defendant never intended to sell the same for a meager amount of Rs.12.00 lacs.

(3.) It is a settled principle of law that amendment in the written statement is to be liberally construed as the same is placed at some different pedestal than that of amendment of plaint. Even the defendant is entitled to take inconsistent plea in the amended written statement. Delay is not a ground to discard the amendment in the written statement, particularly when after framing of issues, no evidence has been led by the plaintiff. At the stage of allowing or dismissing the plea for amendment, the Court is not obliged to decide the lis on merits. The ultimate effect of the amendment would be gone into by the trial Court at relevant stage.