Ram Kishan and Anr. Vs Santosh and Ors.

for amendment of the written statement. The amendment related to two pleas: (i) the khasra number of the land within the boundaries described in the plaint had not been mentioned and the number of the land had to be given and (ii) the contention raised by the defendant that he has entitled to 4/5^th share would required to be explained by reference to relief obtained by certain other co-sharers. The application was rejected and hence the revision.

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The Court shall be liberal in its approach for amendment of the written statement except when the amendment seeks to withdraw an admission already made or when an amendment brought will put the other party to prejudice by a law of limitation operating against him. In this case, neither of the situation arises. No prejudice could be said to be

¶17

Sumit Kumar 2013.09.25 11:16 I attest to the accuracy and integrity of this document

¶18

CR No. 3919 of 2012 -2-

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caused for the contentions sought to be brought through the amendment. The order impugned is set aside and the amendment application is allowed. The plaintiff will have the liberty to file a rejoinder to the amended written statement. The revision petition is allowed with above said directions.

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20.09.2013 sumit.k

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(K. KANNAN) JUDGE

¶22

Sumit Kumar 2013.09.25 11:16 I attest to the accuracy and integrity of this document

Ram Kishan and Anr. v. Santosh and Ors.

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Ram Kishan and Anr. v. Santosh and Ors.

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