RAJINDER PARSHAD Vs. MUKHTIAR SINGH & ORS

JUDGEMENT

(1.) By medium of this application, the applicant/plaintif has sought amendment of the written statement to the counter claim filed by defendants/ respondents whereby he sought to add following paragraph in reply to para 1 of the written statement after the words "the recovery of alleged rent".

(2.) The respondents have contested the application by filing reply wherein preliminary objections regarding estoppel, limitation etc. were raised. On merits, it has been averred that the double storeyed structure of the shop regarding which the counter claim has been filed is still existing on the spot and the photographs appended with the applications are not pertaining to the shop in question and are of some other structure or accommodation owned and possessed by the defendants.

(3.) The right to amend the pleadings especially after the amendment in the Code is not an indefeasible right. The suit in the instant case was instituted on 05.06.2002 whereas the present application is moved after a lapse of 17 years. No doubt the applicant/plaintif would claim that the cause of action has arisen as the structure has collapsed when the proceedings were pending in the learned first appellate Court. However, this fact is disputed by the defendants, even otherwise not substantiated by any material on record. The amendment is not necessary for the just and proper decision of the case.