IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No.3498 of 2004 (O&M)
Date of Decision 28.08.2009
Harkamaljit son of Tarsem Lal
...... Petitioner
VERSUS
Sheela and others
......Respondents
CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL
Present: Mr.R.S.Athwal, Advocate,
for the petitioner.
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A.N.JINDAL, J(ORAL):
Aggrieved against the order dated 03.06.2004, passed by
Addl.Civil Judge (Senior Division), Phagwara, allowing the application of
the defendants-respondents (herein referred as ‘the respondents’) for
amendment of written statement, the petitioner-plaintiff (herein referred as
‘the petitioner’) has filed this petition.
Arguments heard. The only contention raised by the learned
counsel for the petitioner is that the amendment sought by the defendants-
respondents in the written statement is contrary to the original as such the
same cannot be allowed. The Trial Court allowed the application for
amendment while placing reliance over the judgment 1995 Supplementary
(3) Supreme Court Cases, 179 Basavan Jaggu Dhobi vs. Sukhnandan
Ramdas Chaudhary wherein the Apex Court has held that it is open to the
defendant to take even contrary or contradictory stand whereby the cause of
action is not in any manner effected and plea contrary to the original taken
is not barred by way of amendment. As such, this petition is dismissed.
However, the effect of the contrary plea, allegedly being set up, would be
examined and considered by the trial Court at the time when the suit is
decided on merits.
Dismissed.
28.08.2009 (A.N.Jindal) mamta-II Judge