Dismissed

Sohan Singh v. Ajaib Singh and Ors.

Punjab & Haryana HC1 Mar 2012CR/4861/2010

Case brief

AI extract

What is this about?

This petition challenged the lower court's dismissal of an application to amend a written statement in a possession suit. The petitioner sought to change his plea from adverse possession to claiming property as joint Hindu family property after evidence was closed. The court rejected the amendment due to delay and lack of sufficient explanation.

What did the court decide?

Confirmation of the trial court order dismissing the application to amend the written statement.

Sohan Singh Vs Ajaib Singh and Ors. — Contract and Commercial Disputes | Punjab & Haryana HC (2012)

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Civil Revision No. 4861 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No. 4861 of 2010 (O&M) Date of decision: 01.03.2012

Sohan Singh

.....Petitioner

Versus

Ajaib Singh and others

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......Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

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Present: Mr. Vishal Goel, Advocate for Mr. P.K. Gupta, Advocate for the petitioner.

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RAJESH BINDAL, J

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Challenge in the present petition is to the order dated 17.07.2010 passed by the learned court below whereby the application filed by the petitioner for amendment of the written statement, was dismissed.

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The proceedings arise out of a suit filed by the respondents No. 1 to 3-plaintiffs for possession on 25.08.2003. The application in question was filed when entire evidence of the respondents No. 1 to 3-plaintiffs had been led. The petitioner-defendant had also availed number of opportunities to lead his evidence.

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Learned counsel for the petitioner submitted that the reason given by the learned court below while rejecting the application filed by the petitioner for amendment of the written statement cannot stand judicial scrutiny. The defendants can take inconsistent stand in the written statement. Reliance was placed upon the judgement of Hon'ble the Supreme Court in Andhra Bank Vs. ABN Amro Bank N.V. and others, 2007 (3) Civil Court Cases 722, Usha Devi Vs. Rijwan Ahamd and others, 2008 (1) Civil Court Cases 706 and Usha Balashaheb Swami and others Vs. Kiran Appaso Swami and others, 2007 (2) RCR (Civil) 830.

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None has appeared for the respondents.

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After hearing learned counsel for the petitioner, I do not find any merit in the submission made above.

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Civil Revision No. 4861 of 2010

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The suit was filed way back on 25.08.2003. The petitionerdefendant filed written statement. In the written statement originally filed, the stand of the petitioner-defendant is that he is in adverse possession of the property in question. After the entire evidence of the respondents No. 1 to 3-plaintiffs was led and the petitioner-defendant had availed number of opportunities for leading his evidence, which started on 3.10.2007, the application in question for amendment of the written statement was filed on 2.6.2008. The plea sought to be taken in the amended written statement is that the property is Joint Hindu Family property, in which the petitionerdefendant is also entitled to his share. It cannot be disputed that trial in the present case had already commenced and it could not be explained as to how despite due diligence the petitioner-defendant could not take this plea in the written statement originally filed or file application for amendment earlier.

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For the reasons mentioned above, I do not find any merit in the present petition.

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Dismissed.

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(RAJESH BINDAL) JUDGE

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01.03.2012 sharmila

Sohan Singh v. Ajaib Singh and Ors.

Case brief

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Sohan Singh v. Ajaib Singh and Ors.

Case brief

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