Court No. - 9
Case :- CIVIL REVISION No. - 194 of 2018 Revisionist :- Surendra Pal Singh Opposite Party :- Devendra Singh And 2 Others Counsel for Revisionist :- Prakash Chandra Gupta,Vishal Khandelwal
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the revisionist.
The revision is directed against the order dated 29.08.2018 passed by the Civil Judge (Senior Division), Court No.2, Meerut in Suit No.691 of 1999, whereby an application of the revisionist for amendment in his written statement, has been rejected.
The amendment application has been rejected on the ground that certain categorical averments made in the written statement as also in the objection filed to the application for interim injunction, were sought to be withdrawn.
In the written statement, the case of the defendant revisionist was that he had half share in a permit to run a bus, which permit had initially been granted in favour of the father of the parties, who are brothers. It was also stated that since he had half share, he also had a right to transfer his half share in favour of a third party and such a transfer had, in fact, been made.
However, by means of the amendment, this admission regarding transfer of the revisionists have share in the permit is sought to be withdrawn and a categorical case was sought to be set up that no transfer has been made by him.
In my considered opinion, the trial Court has rightly rejected this amendment made at a highly belated stage. It cannot be said that when the written statement was filed, the defendant revisionist was not aware as to whether, he had transferred his half share in the permit or not. Since he had stated that he had transferred in favour of third party, who had since been impleaded as a defendant in the suit, it was not permissible for him to withdraw this categorical admission by amendment.The impugned order, therefore, suffers from no illegality or jurisdictional error.
Accordingly, the revision is found to be without merit and is dismissed.
Order Date :- 25.9.2018 / RKM Digitally signed by ANJANI KUMAR MISHRA Date: 2018.09.26 10:31:57 IST Reason: Document Owner Location: High Court of Judicature at Allahabad