PRABHU DAS Vs. NATHU DAS

JUDGEMENT

(1.) THIS petition has been filed challenging the order dt. 05.11.2003 passed by the Board of Revenue for Rajasthan Ajmer (herein after 'the Board') in revision petition, as also subsequent order dt. 09.12.2011 pasted by the Board in review petition, whereby the Board has upheld the order dt 09.05.1994 passed by the Sub Divisional Officer Bhawani Mandi, dismissing the application filed by the petitioner (defendant in the suit before the Sub Divisional Officer Bhawani Mandi) for amendment of the written statement. Heard learned counsel for the petitioner, and perused the material available on record of writ petition including the impugned orders passed by the Board and the SDO Bhawani Mandi.

(2.) I am of the view that nothing perverse can be found in the impugned orders nor the impugned orders are vitiated by a misdirection in law. I am further of the considered view that as the matter pertains to a suit filed in 1988 the petitioner as defendant in the suit cannot be allowed to amend the written statement belatedly on the basis of the fact of an alleged subsequent discovery of a will dt. 27.11.1971 which was admittedly in the knowledge of the petitioner defendant at the time of filing of the written statement in 1990.