Revised application under Article 226 challenging trial court dismissal of amendment of written statement under Order VI Rule 17 CPC. Revision borne out when facts were known earlier.
Revision petition dismissed; order passed by trial court upholding.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR 1385 of 2013 Date of Decision : March 01, 2013
Amritsar Improvement Trust through its Chairman, Amritsar
....Petitioner
Versus
Rajinder Singh Vermani
.....Respondents
CORAM : HON'BLE MR. JUSTICE T.P.S. MANN
Present : Mr. Mohd. Yousaf, Advocate for Mr. R.S.Modi, Advocate
T.P.S. MANN, J.(Oral)
The defendant-Trust has filed the present revision under Article 227 of the Constitution of India for challenging the order passed by the trial Court on 3.11.2012 whereby application filed by it under Order VI Rule 17 CPC for amendment of its written statement was dismissed.
A perusal of the impugned order would reveal that the application in question was preferred by the defendant when the case was fixed for its evidence. The plaintiff had already examined four of his witnesses, who were duly cross-examined and, thereafter, the case was fixed for recording of the evidence of the defendant. Moreover, the facts, which were sought to be brought on record by amending the written statement were such
CR 1385 of 2013 -2-
which ought to have been in its knowledge at the time of filing its written statement. Under these circumstances, the trial Court was justified in declining the relief to the defendant in its application under Order VI Rule 17 CPC.
The revision is without any merit and, therefore,
dismissed.
( T.P.S. MANN ) March 01, 2013 JUDGE ajay-1
1 issue framed by the court
Whether the reversal challenge against the dismissal of amendment of written statement application is sustainable when facts were known at filing.
2 provisions across 2 enactments
Amritsar Improvement Trust
Rajinder Singh Vermani
T.P.S. Mann
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
