Court No. - 36
Case :- WRIT - C No. - 4934 of 2019 Petitioner :- Smt. Savita Respondent :- Smt.Lokesh Devi And 7 Others Counsel for Petitioner :- Kuldeep Kumar
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the order dated 18.12.2018 whereby the tribunal had rejected the amendment application 80- Ka, which had been filed much after conclusion of evidence in M.A.C Case No.437 of 2015 (Smt. Lokesh Devi & others Vs. Neeraj Kumar & others). The finding returned by the tribunal that the evidence of the parties have been concluded and the claim petition is being posted for argument, is not disputed by learned counsel for the petitioner.
A careful perusal of the amendment application indicates that the petitioner-defendant no.2 is seeking amendment of written statement to controvert the stand taken by defendant no.3 namely the Insurance Company regarding the policy filed by him a fraud document. The question as to whether the petitioner was in possession of a valid insurance policy on the date of accident, which is to be decided on appreciation of evidence which have already been laid by the parties. There is no question of allowing amendment of written statement on the assertion made in the amendment application.
The amendment application is found misconceived and no interference is required in the order impugned as such.
The present petition is dismissed as such.
Order Date :- 25.2.2019 Himanshu