SUSHMA DEVI Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS is a petition filed by the petitioner (hereinafter referred to as the defendant) under Article 227 of the Constitution of India against the order dated 11.11.2011 passed by the learned Civil Judge, Senior Division, Court No.1, Amb, District Una vide which the learned trial Court has dismissed the application filed by the defendant under Order 6 Rule 17 C.P.C for amendment of the written statement.

(2.) BRIEFLY stated, the facts leading to the filing of the present petition are that the suit for specific performance of contract was filed by the respondent (hereinafter referred to as the plaintiff), on the basis of agreement dated 3.11.1998 as against the defendant. The suit was being contested by the defendant, who had taken the plea specifically that the alleged agreement is vague, incomplete and the defendant had never signed any such agreement and also challenged the signatures on the agreement. It was also pleaded that the signatures of the defendant on alleged agreement must be result of fraud and deception played upon the defendant by the plaintiff in connivance with scribe and marginal witnesses.

(3.) DURING the course of arguments, learned counsel for the petitioner has submitted that the proviso under Order 6 Rule 17 C.P.C added by the Amended Act, 2002 shall not apply to the facts of the case. The sai d proviso added by the Amended Act, 2002 reads as under: