HARDAYAL SINGH Vs. KIRPAL SINGH

JUDGEMENT

(1.) This petition is directed against the order passed by the learned Additional Civil Judge (Senior Divisional), Giddar baha dated 22.5.1999. Vide this order the learned Judge declined an application filed by the defendants for amendment of the written statement.

(2.) The plaintiff had filed a suit for permanent injunction seeking order of restrain against the defendants from closing the door, opening in the street and the street in any manner, whatsoever. The said suit was instituted in April, 1997. The suit was contested by the defendants. They filed written statement to which the replication was filed. Parties led respective evidence and the case was fixed up for rebuttal evidence when the application in question was filed. The defendants wanted to amend the written statement to introduce a claim by way of counter-claim on the averment that the gate shown as EF in the site plan annexed to the plaint be removed.

(3.) The learned counsel appearing for the petitioners contended that no prejudice is likely to be caused to the plaintiff if the said application is allowed. On the contrary, learned counsel for the respondent-contended that it will amount to permitting the change of entire case and the application has been intentionally filed at a belated stage and is totally frivolous.