KUNTI DEVI AND OTHERS Vs. NARESH PRASAD

JUDGEMENT

(1.) This writ petition has been filed against the order dated 6.3.2009 passed by the learned Sub-Judge Vth, Dhanbad in Title (Eviction) Suit No. 1 of 2006 rejecting the prayer of the petitioner for amendment in the written statement.

(2.) It is submitted that the amendment of the written statement should be liberally allowed at any stage of the suit for deciding the real controversy between the parties. Judgments reported in Usha Balashaheb Swami and others Vs. Kiran Appaso Swami, 2007 5 SCC 602 and others and Baldev Singh and others Vs. Manohar Singh and another, 2006 6 SCC 498 were relied.

(3.) It appears that the respondent filed a suit for eviction against the petitioners in the year 1993 being Title (Eviction) Suit No. 80 of 1993 in the court of Munsif Ist, Dhanbad. Petitioner filed a written statement in the said suit on 9.5.1994. The petitioners also raised objection about the valuation of the suit which was accepted and the suit valuation was enhanced to Rs. 1,80,051/-. Accordingly, the suit was transferred to the court of Sub-Judge and renumbered as Title (Eviction) Suit No. 1 of 2006. Then a fresh plaint was filed. Petitioners filed written statement on 14.11.2006. Thereafter, on 5.8.2008, the present petition for amendment of the written statement was filed saying that for elaborating the facts already mentioned in the paragraphs 22 and 23 of the written statement, the amendment sought was necessary.