Court No. - 9
Case :- CIVIL REVISION No. - 355 of 2012 Revisionist :- Smt. Leena Rawal Opposite Party :- K.K. Wadhawan And Another Counsel for Revisionist :- H.N. Singh,Vineet Kumar Singh Counsel for Opposite Party :- Pradeep Mishra,Shivam Yadav
Hon'ble Anjani Kumar Mishra,J.
Case called out in the revised list. None has appeared on behalf of opposite party.
I have heard learned counsel for the revisionist.
This revision is directed against an order dated 26.04.2012 passed by the Trial Court in Suit No.553 of 2007 ( Smt. Leena Rawal Vs. K.K. Wadhawan and another), whereby an application filed by the opposite party on amendment of his written statement has been allowed on payment of costs of Rs.1,000/-.
This order has been assailed primarily on the ground that by means of the amendment sought in the written statement. A categorical admission made by the defendant-respondents is being withdrawn, which is not permissible. In support of this contention, reliance has been placed upon Modi Spg. and Wvg. Mills Co. Ltd Vs. Ladha Ram & Company (1976) 4 SCC 320.
It is submitted that in the written statement, the execution of an agreement to sell on receipt of Rs.25,000/- is sought to be withdrawn.
The submission that by means of the amendment, an admission in the written statement is sought to be withdrawn, is found to have substance. Besides, none has appeared for the respondent to defend the impugned order.
The case of the revisionist is squarely covered by the judgement of the Apex Court in Modi.
Accordingly, the revision is allowed. The order dated 26.04.2012 is hereby set aside.
The trial court is directed to proceed with the suit on the basis of the unamended written statement.
Order Date :- 23.3.2018 RKM