T KANTI DEVI Vs. SURENDRA PRASAD SINGH

JUDGEMENT

(1.) The revision has been filed against the order dated 28.1.2003 passed in title suit No. 420/1990 whereby the petition filed by the petitioners on 23.8.2001 for permission to incorporate the amendment allowed on 31.7.1992 has been rejected.

(2.) The petitioners are defendants in the suit. The petition was filed by the defendant-petitioners for amendment of the written statement. Vide order dated 31.7.1992 the amendment was allowed. However, it was not incorporated. The evidence of the plaintiffs has been closed and the evidence of the defendants is going on. The petition for permission to incorporate the amendment was filed on 23.8.2001 i.e. after about 9 years of the order of amendment dated 31.7.1992. The Court below has rejected the said petition by the impugned order on the ground of delay.

(3.) Learned counsel for the petitioners filed a supplementary affidavit today in the Court stating that though the amendment was not incorporated yet the evidence was led on the amended pleading and the petitioners are not required to give any further evidence in the matter. Counsel for the opposite party however, stated that after such a long time permission to incorporate the amendment cannot be allowed. Though he has not filed any rejoinder to the affidavit filed today, he orally stated that on the amended pleading no evidence was led.