Amrit Lal Bahri, J. - (1.) This revision petition has been filed by the defendants Faqir Chand and others against order dated October 24, 1989 passed by Sub Judge, Mansa dismissing their application for amendment of the written statement.
(2.) The suit was filed by M/s Bhag Chand Tek Chand for the grant of injunction against Faqir Chand and others not to forcibly interfere with their possession over the factory in dispute and also not to get the telephone and electricity disconnected. Some loan was taken by Faqir Chand and others from the Financial Corporation. The Corporation wanted to recover the money. An agreement was entered into an October 1, 1983 between Faqir Chand and others and M/s Bhag Chand Tak Chand. The factory in dispute was agreed to be sold and the amount of the sale consideration was to be paid to the Corporation. The entire amount, as stated, was paid to the Corporation but apprehending that Faqir Chand and others still would interfere with the possession over the factory that the suit was filed. In the written statement filed by Faqir Chand and omers, it was admitted that there was an agreement to sell and mat possession of the factory and also delivered. However, it was pleaded mat mere was breach of the agreement of me part of M/s Bhag Chand Tek Chand. Thereafter, an application was filed for amendment of the written statement to incorporate another plea that before filing of the suit M/s Bhag Chand Tak Chand had sold the machinery installed in the factory without the consent of Faqir Chand and others and a case was registered with me police for breach of trust. This fact was not known to Faqir Chand and others at the time of filing of the suit. This application was opposed and finally dismissed by the trial Court vide the impugned order.
(3.) After hearing counsel for the parties, I find no ground to interfere with me impugned order. The facts sought to be added in the written statement is not at all material for decision of the suit as it will not show breach of the agreement dated October 1,1983 on either side. This revision petition is dismissed with no order as to costs.;