In a civil revision, the High Court set aside the dismissal of an application to amend the written statement, directing the trial court to permit the amendment upon payment of costs and without issuing formal notice to the respondents.
Amendment of written statement permitted; order set aside; costs of Rs.5,000/- payable; disposal without notice.
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Civil Revision No. 3263 of 2011
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 3263 of 2011 Date of Decision: 24.5.2011
Manjit Singh
.. Petitioner
Vs.
Harjit Singh & Anr.
.. Respondents
CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR
**Present:Mr. Vikas Mohan Gupta, Advocate for the petitioner. *****
ARVIND KUMAR, J.
The application of the petitioner-defendant for amendment of written statement has been dismissed by the Court below by virtue of order dated 5.5.2011, necessitating the petitioner to file the instant revision petition.
Heard.
The issues are not settled between the parties and trial is yet to commence. There is dispute regarding the ownership of the properties detailed in the plaint and the defendant is claiming that he derived his title from the documents which he sought to be referred in the amended written statement. It is also his case that the plaintiff has pleaded certain new facts in the replication, which has necessitated him to file the application for amendment. The case since at the initial stage and the documents being helpful for the proper adjudication of the case, the learned trial Court ought to have taken a liberal approach while allowing the defendant to carry out the necessary amendment in the written statement.
Accordingly, this revision petition is allowed and order, under challenge, is set aside. The trial court is directed to permit the petitioner to place on record the amended written statement subject to payment of costs of Rs.5,000/- to the plaintiff.
Civil Revision No. 3263 of 2011
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Keeping in view the circumstances mentioned above, this petition is being disposed of without issuing any notice to the opposite party . If respondents are summoned to contest this litigation, they will have to incur huge expenses to defend this case. However, liberty is granted to the respondents that if they feel dissatisfied with this order, they may move an application to recall the same.
(ARVIND KUMAR) JUDGE
May 24, 2011 Jiten
1 issue framed by the court
Whether the trial court ought to have allowed the amendment of the written statement to admit new facts regarding property title?
Manjit Singh
Harjit Singh
Arvind Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
