RAJA RAM Vs. JAGDISH SINGH

JUDGEMENT

(1.) THIS petition is directed against the order, dated 08.11.2012, passed by the learned Additional District Judge, Una, H.P., in Civil Misc. Application No. 91/2012 in Civil Appeal No. 14/2010. Key facts necessary for the adjudication of this petition are that the respondent -plaintiff (hereinafter referred to as "the plaintiff" for the sake of convenience) has filed a suit against the petitioner -defendant (hereinafter referred to as 'the defendant' for the sake of convenience). The same was decreed by the learned trial Court. The defendant has preferred an appeal before the learned Additional District Judge, Una bearing Civil Appeal No. 14/2010. He has also moved an application under Order 6 Rule 17 of the Code of Civil Procedure read with Section 151 C.P.C., seeking amendment of the written statement. The plaintiff filed reply to the same. Learned Additional District Judge, Una, H.P. dismissed the same on 08.11.2012. Hence this petition.

(2.) MR . Anup Rattan, learned counsel for the petitioner has vehemently argued that the learned Additional District Judge, Una, H.P. has failed to exercise the jurisdiction vested in him. He then contended that the learned Additional District Judge, Una, H.P. has misread the revenue record.

(3.) I have heard the learned counsel for the parties and gone through the pleadings and records carefully.