KEHRI Vs. JANARDHAN

JUDGEMENT

(1.) CHALLENGE in this revision is to the order passed by the learned Civil Judge (Senior Division), Sonepat dated 5.11.1998, vide which the application filed by the applicant-defendant under Order 6 Rule 17 of the Code of Civil Procedure was dismissed.

(2.) THE contention raised on behalf of the petitioner before this Court is that the learned trial court has fallen in error of jurisdiction in declining the amendment, because the amendment prayed for was self-explanatory in its nature and in no way prejudiced the rights of the other side. In order to appreciate the merit of this contention, reference to the basic facts would be necessary.

(3.) THE suit was contested by the defendant. The parties led their evidence in support of their respective case and the case was fixed at the argument stage when the present application for amendment was filed. According to the applicant amendment was necessary for proper adjudication of the dispute in issue.