DEVENDER KUMAR Vs. SUNDER RAM

JUDGEMENT

(1.) BY means of this petition the Petitioner has challenged the order dated 17.3.2011 passed by the learned Civil Judge (Jr. Division), Arki, dismissing the application filed by the Plaintiff for amendment of the plaint.

(2.) BRIEFLY stated the facts of the case are that the Plaintiff filed a suit for declaration and specific performance of the possession. After evidence had been led and the case fixed for arguments, the Plaintiff filed an application praying that he may be permitted to amend the plaint and insert the following words: The Plaintiff has already performed his part of agreement who is also ready and willing to perform his part of agreement if found to be performed.

(3.) SHRI Virender Singh Chauhan, learned Counsel for the Petitioner submits that the Court should not take a very technical view of the matter. He submits that an amendment can be allowed at any stage and that this amendment is only clarificatory in nature.