CR No.257 of 2005 :1
In the High Court of Punjab and Haryana at Chandigarh
Date of decision: 21.10.2009
Umed Singh Vs. Kamlesh and others
CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI
Present: None for the parties.
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This revision is direction against the order dated
11.11.2004 passed by the learned Civil Judge (Junior Division),
Meham, rejecting the application of the defendant for amendment of
the written statement.
Respondent-deceased Sat Narain, filed a suit against the
present petitioner in the trial Court. During the pendency of the suit,
the petitioner filed an application under Order 6 Rule 17 of the Code
of Civil Procedure for amendment of the written statement. It was
alleged that at the time of the filing of the written statement, the
defendant could not take the plea that defendant No.2-applicant was
the bonafide purchaser of the suit land from defendant No.1. The trial
Court rejected the application, primarily, on the ground that the
amendment was sought after 11 years of the filing of the suit and even
when the witnesses of the defendants were also examined. The trial
Court also held that the facts alleged in the application were also in the
knowledge of the applicant. It was accordingly held that if the
application is allowed at this stage, it will change the very nature of the
CR No.257 of 2005 :2
suit.
I have perused the impugned order. The only ground for
seeking amendment at this belated stage was that the facts were not in
the knowledge of the applicant- petitioner herein. However, no details
has been given in the application as to when and how these facts came
in the knowledge of the defendant-petitioner herein.
In view of the above, I do not find any illegality in the
impugned order. The present revision petition is misconceived and is
hereby dismissed with no order as to costs.
21.10.2009 (PERMOD KOHLI) BLS JUDGE