CHONGTHAM GULAMANI SINGH Vs. KOIJAM IBOTOMI SINGH

JUDGEMENT

(1.) This revision petition under Section 115 of the Code of Civil Procedure arises from the order dated 2nd March, 1996 passed by the learned Munsiff, Imphal, Manipur in Judicial Misc. Case No. 32/95/ 138 (A)/98 (Land reference C.A. No. 5 of 1995) by which the prayer for amendment of the written statement made by the defendant was allowed.

(2.) Heard Shri L. Nandakumar Singh, learned senior counsel for the petitioner as well as Shri N. Kerani Singh, learned senior counsel for the respondent.

(3.) At the very outset Shri L. Nandakumar Singh, learned senior counsel for the petitioner submits that a material irregularity has been committed by the learned Munsiff, Imphal while passing the impugned order dated 2-3-1996 in the above Judicial Misc. Case No. 32 of 1995 allowing the prayer for amendment of the written statement inasmuch as the learned Munsiff allowed the defendant to displace the plaintiff completely from admission made by the defendant in his written statement. In other words, the amendment of the written statement displace the plaintiff petitioner from admission made by the defendant in his written statement. For better appreciation in the matter, the petition for amendment filed by the defendant is hereby reproduced, rather quoted as below :