SHRI OM PARKASH Vs. SMT. SUNAINA DEVI

JUDGEMENT

(1.) This petition is directed against the order dated 18.12.2012 passed by learned Civil Judge (Senior Division), Court No. 1, Shimla in Case No. 95-1 of 2009 declining the amendment of written statement to raise counter claim.

(2.) The learned counsel for the petitioner has submitted that suit was filed on 21.8.2009. The application for amendment seeking to raise counter claim was filed on 18.2.2010. The learned counsel for the petitioner has not denied that petitioner has independent right to file a suit with respect to the matter for which he intends to raise counter claim. In these circumstances, it cannot be said that any prejudice has been caused to the petitioner when his application seeking amendment for raising counter claim has been dismissed by the court below. There is no merit in the petition, which is accordingly dismissed, so also the pending application. It is open to the petitioner to file suit with respect to the counter claim for which he had filed application for amendment of the written statement, in accordance with law.