RAM NIWAS Vs. KUMAR SINGH

JUDGEMENT

(1.) This petition is directed against the order of the trial Court dated 21st May, 1988, whereby the application filed by the present petitioners/defendants for amendment of the written statement was dismissed.

(2.) In the suit for possession filed by the plaintiff, the defendants had specifically impleaded in para 3 of the written statement that he is owner in possession of the property for the last 28 years. By virtue of the said amendment he wanted to implead that he had become owner by adverse possession. This application was resisted on behalf of the plaintiff, and the trial Court dismissed it on the ground that after the entire evidence had been led by both the parties, the defendant wanted to make out a new plea and that if such amendment was allowed at such a belated stage it would further prolong the litigation.

(3.) Learned counsel for the petitioner submitted that as a matter of fact the only words he wants to add is that he had become owner by adverse possession and he is not to lead any other evidence except to give his own statement.