G.C.GARG, J. - (1.) THIS revision is directed against the order dated September 18, 1993 of the Subordinate Judge, Rajpura allowing amendment of the written statement.
(2.) PLAINTIFF -petitioner advanced a loan of Rs. 45000/- to the defendant-respondent for construction of his house under the Housing Scheme. The defendant was required to pay interest on the loan amount which was to be recovered from the insurance amount. The defendant created an equitable mortgage of the house for repayment of the loan as per the policy, accepted by the defendant. On his failure to pay monthly installments of interest, the loan amount was to become due immediately. The defendant failed to pay monthly installments of interest despite notice. He was served with a notice whereupon he gave in writing that he could not pay the instalments of interest and the loan amount and that the amount may be recovered by sale of house. Resultantly, the plaintiff filed a suit for the recovery of Rs. 52714/- by sale of the mortgaged property. The defendant filed written statement whereby he admitted the claim of the plaintiff in toto. The defendant, however, on a later date moved an application under Order 6 Rule 17 of the Code of Civil Procedure seeking amendment of the written statement. It was stated therein that he made admission erroneously and that he may be permitted to withdraw the admission made and thereby permitted to amend the written statement. The defendant sought permission to amend paras 1, 3, 7, 14, 16, 17 and 19 as also the prayer clause of the written statement. In fact, the defendant wanted to withdraw the admission earlier made without showing as to how the admissions earlier made were erroneous or wrong. The application came to be considered by the trial court and was allowed by the impugned order by observing that the amendment sought by the defendant was essential for the purposes of determining the real question in controversy between the parties.
(3.) IT is against this order, the plaintiff has filed this revision.;