JOGINDER SINGH Vs. PADAM CHAND

JUDGEMENT

(1.) An application moved by the defendants for amendment of the written statement at the stage of evidence was partly allowed by the learned trial Court vide order dtd. 4/11/2014. The plaintiff has challenged this order in the instant petition filed under Article 227 of the Constitution of India.

(2.) The status of the parties hereinafter is being referred to as it was before the learned trial Court.

(3.) Learned counsel for the petitioner/plaintiff contended that the amendment application was liable to be dismissed. The application was moved at the stage when the plaintiff had already concluded his evidence. The defendants had not explained any cogent reason for the delay in moving the application. On this sole ground, the application was required to be dismissed as the defendants had not been diligent in pursuing the litigation. In support of such contention, learned counsel relied upon various judgments. Learned counsel for the respondents/defendants argued that amendments sought for by them and as allowed by the learned trial Court were just and necessary for the proper adjudication of the Us. Amendments allowed by the learned trial Court will not change the nature of the suit filed by the plaintiff. The amendments were based upon the legal grounds available to the defendants. The factual basis for the additional pleas was already available in the pleadings and in the records of the case. Learned counsel for the respondents also relied upon certain judgments in support of this submission.