GAMA RAM Vs. TARA DUTT

JUDGEMENT

(1.) Petitioner and respondent herein, are defendant and plaintiff in Civil Suit pending in the trial Court and for convenience, hereinafter, they shall be referred in their capacity in the Civil Suit i.e. defendant and plaintiff respectively.

(2.) Defendant has preferred present petition assailing impugned order dated 20.03.2020, passed by learned Civil Judge, Kandaghat, District Solan, H.P., in an application bearing CMA No.43-K/6 of 2020 in Case No.96-K/1 of 11, titled as Tara Dutt vs. Gama Ram, filed by the defendant, under Order 6 Rule 17 of the Code of Civil Procedure (CPC), for amendment of written statement. By way of the said application, defendant had sought permission for amendment of written statement filed by him. In fact, as evident from the impugned order and also submissions made by learned counsel for the defendant, defendant had proposed to replace his written statement entirely for denying title of the plaintiff on the suit premises.

(3.) Case of the defendant is that after 11.02.2020, defendant came to know that plaintiff is not owner of the suit premises and thus, he had filed the application for amendment of written statement to bring on record peculiar circumstances alongwith defence that Civil Suit was not maintainable. According to him, he had done it in sequel to judgment dated 06.08.2019 passed by this High Court in RSA No.77 of 2017, titled as Gama Ram vs. Tara Dutt.