Rai Sahib Mehta and Another vs Tara Singh and Others

J.V. Gupta, J.—This petition is directed against the order of the trial court dated 11th May, 1987, whereby the application for amendment of the written statement was dismissed. The plaintiff filed the suit for permanent injunction against the defendant. In the written statement the plea taken was that on 12th November, 1960 the possession of the suit land was surrendered by the plaintiff to the defendant and an agreement for the relinquishment of the possession was also executed according to the defendant, it is the son of the plaintiff who is the defendant, it is the son of the plaintiff who is the tenant and not the plaintiff himself. The amendment sought was in the nature of clarification only and the defendant was yet to lead his evidence. That being so the application for amendment of the written statement should have been allowed on payment of costs, if any.

Consequently, this petition succeeds, the impugned order is set aside and the application for amendment of the written statement is allowed on payment of Rs. 100/- as costs. The petitioner is directed to appear in the trial court on 9th January, 1989.

Since the suit is pending from September, 1986, it is further directed that the parties will lead their evidence at their own responsibility though dasti summons may be given to them if so desired as contemplated under Order 16 Rule 7A of the Code of Civil Procedure.