The High Court of Punjab & Haryana allowed a civil revision petition dismissing the order rejecting an amendment to the written statement, permitting the amendment despite evidence not having commenced.
Petitioner directed to file amended written statement on next hearing date subject to payment of Rs.3000 costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Revision No.2447 of 2009 (O&M)
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IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH
...
Civil Revision No.2447 of 2009 (O&M)
Decided on : May 18, 2009
Anil Sahni
... Petitioner
VERSUS
Smt.Urmila Sharma
... Respondent
CORAM : HON'BLE MR.JUSTICE A.N.JINDAL
Present: Mr.Vivek Suri, Advocate for the petitioner.
Mr.Deepak Bhardwaj, Advocate for the respondent.
- A.N.JINDAL, J.
Challenge made in this petition is to the order dated 7.1.2009 passed by Civil Judge (Senior Division), Panchkula, whereby, the application of the defendant – petitioner for amendment in the written statement was dismissed.
Heard.
Admittedly, the evidence of the petitioner has not commenced. In the peculiar circumstances of the case and the fact that the
amendment sought to be incorporated is minor in nature and it would not
Civil Revision No.2447 of 2009 (O&M)
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change the nature of the suit, the instant petition is allowed and it is directed that the defendant – petitioner shall file the amended written statement on the next date of hearing, fixed before the Trial Court, subject to payment of
Rs.3000/- as costs.
May 18, 2009 ( A.N.JINDAL ) `gian' JUDGE
1 issue framed by the court
Whether an application for amendment in the written statement should be allowed when the amendment is minor and does not change the nature of the suit.
Anil Sahni
Smt.Urmila Sharma
A.N.JINDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
