7 Having heard the Learned Counsel for the parties, in my view, there is no merit in the challenge raised in the above Petition. In so far as the amendment to the Written Statement is concerned, it is required to be borne in mind that consideration for the same stands on a different footing than the amendment to the Plaint. One of the consideration that ought to weigh with the court is the fact that the amendment sought does not result in withdrawal of an admission by the Defendant. In the instant case, though in the Written Statement as originally filed the Defendant has given the dimensions of the suit premises as 60 sq.ft. with about 10 sq.ft. x 10 sq.ft. open space at the back, it is on account of the documents which have come on record by way of the additional Written Statement filed by the Plaintiffs in the Suit which is pending in the City Civil court that the cause for moving the amendment application arose. The Defendant has stated so in the said terms in paragraph 3 of the application. In my view, the Trial Court as well as the Appellate Bench of the Small Causes Court were right in coming to a conclusion that the said amendment was required to be allowed so that there could be an effectual adjudication of the dispute between the parties. Though the Appellate Bench of the Small Causes Court has also held that the revision is not maintainable, this court need not go into the said aspect having come to the conclusion that the Trial Court was right in allowing the application Exhibit 75 filed for amendment of the Written Statement. In that view of the matter, no case for interference is made out, the Writ Petition is accordingly dismissed.
