HARISH CHAND SHARMA Vs. PURUSHOTTAM RATHI

JUDGEMENT

(1.) Instant writ petition under Article 227 of the Constitution of India has been filed by the plaintiff-petitioner assailing the order dtd. 08/11/2017 passed by the learned Additional District Judge No.1, Ajmer in Civil Suit No.10/2008 whereby the Misc. Application filed by the defendant-respondent under Order 6 Rule 17 read with Sec. 151 CPC for making amendment in the written statement has been allowed on a cost of Rs.3000.00.

(2.) The case of the plaintiff-petitioner as per the material available on record is that the suit for specific performance was filed in the year 2008 wherein the written statement was filed by the defendant-respondent on 02/04/2008 and on 19/08/2008, issues were framed. On 20/01/2010, the disputed agreement was marked as an exhibit. On 11/03/2010, evidence on behalf of the plaintiff-petitioner stood completed. It was only on 21/05/2011 that the defendant-respondent filed application under Order 6 Rule 17 read with Sec. 151 CPC whereby it was submitted that the document in question, i.e. the agreement, is an unregistered document as well as insufficiently stamped and therefore, it is not admissible in evidence. As such, amendment to this effect was sought in the written statement which reads as under:-

(3.) The case of the defendant-respondent as per the material available on record is that the amendment sought by him in the written statement involves point of law and is vital, in the interest of justice, for proper adjudication of the case and comes within the purview of Order 6 Rule 17 CPC.