Ajay Kumar Mittal,J. - (1.) Application of the defendant-petitioner for amendment of the written statement filed before the lower appellate court having been declined on 1.6.2011, has given a cause to him to approach this Court through the present revision petition invoking jurisdiction of this Court under Article 227 of the Constitution.
(2.) Brief facts may be noticed. The parties in litigation entered into an agreement to sell dated 17.9.2003 and specific performance of which was sought by filing suit on 13.5.2004. The plea of the defendant-petitioner in the written statement before the trial court was that the plaintiff was a money lender and there was no valid agreement of sale between the parties. The trial court decreed the suit on 10.11.2009. The defendant-petitioner filed appeal challenging the judgment and decree dated 10.11.2009. In the said appeal, an application for amendment was filed on 2.5.2011 which has been rejected by the lower appellate court vide order impugned herein.
(3.) Learned counsel for the petitioner submitted that the following amendment was required to be incorporated in the written statement.:- "7. That without prejudice to the other facts mentioned herein before or herein after, the defendant raised loan from M/S ICICI Home Finance Company Limited for the construction of the house in question which was disbursed on March 1, 2004 and thereafter he raised construction in the property in question and the plaintiff never raised any little finger towards the same. Later on, M/s ICICI Home Finance Company Limited claimed to have transferred their right to M/s Kotak Mahindra Bank Limited and accordingly M/s Kotak Mahindra Bank Limited, vide their notice dated 5.6.2008 raised a demand of sum of Rs. 8,53,705/- which was payable at that time and the same has now been increased further. Thus, the plaintiff is bound to pay the said amount to the bank in case, she succeeds and as such this suit is liable to be dismissed with special and compensatory costs. 8. That there is a mis-joinder and non-joinder of necessary parties in as much as M/s Kotak Mahindra Bank Limited is also a necessary party and as such the suit is liable to be dismissed on that score also because the superstructure over the property was raised with the money taken from M/S ICICI Home Finance Company Limited, who claimed to have transferred the claim to M/s Kotak Mahindra Bank Limited.";