LAWS(PAT)-2009-2-94

RAM CHANDRA YADAV Vs. BALESHWAR YADAV

Decided On February 26, 2009
RAM CHANDRA YADAV Appellant
V/S
Baleshwar Yadav Respondents

JUDGEMENT

(1.) HEARD Mr. Pravin Chandra Prasad, learned counsel for the petitioners.

(2.) THE defendants first party -petitioners are aggrieved by the order dated 11.9.2006, passed by the Munsif -ll, Begusarai in Title Suit No. 103 of 1988, whereby the petition filed by the defendants first party for amending the written statement was rejected. Learned counsel for the petitioners submits that the case was posted for hearing of final submissions on behalf of the parties and when the plaintiffs ' argument started, the defendants vehemently searched and traced out certain documents which, according to the defendants, were necessary to be brought on record and, thus, a prayer for allowing certain amendment in the written statement had been made.

(3.) THE trial court after due consideration of the rival submissions of the parties has come to the conclusion that title suit is of the year 1988 and is at its final stage. Further, final submissions on behalf of the plaintiffs have already been heard and the defendants were required to place their submissions on point of final hearing of the suit. No valid reason could be accorded by the defendants for making such prayer of amending the written statement at this belated stage. Thus, the court below has refused the aforesaid prayer of the petitioners in the interest of justice.