R.G. Prasad vs Mahaveerchand M.

Mohan M. Shantanagoudar, J.—By the impugned order dated 15.2.2014 the Court below has rejected I.A. No. X1 filed by the defendant for amendment of the written statement. The application for amendment is filed after recording the evidence of PW. 1 on the ground that PW. 1 has revealed certain new facts in the cross-examination, which were not there in the plaint and therefore, in order to over come such new facts revealed by PW. 1 in the cross-examination, the amendment of the written statement is necessary.

Such application for amendment cannot be allowed. Merely because there are some new facts stated by PW. 1 in his cross-examination, the application for amendment of written statement cannot be permitted to be allowed. The parties are bound by the pleadings. The new facts de hors the pleadings, cannot be taken into consideration by trial Court by overlooking the material on record. Moreover the pleadings cannot be amended in order to over come the evidence of the opposite party. In view of the same, no interference is called for. Petition fails and stands dismissed.