V.K.JHANJI, J. - (1.) THE present revision petition is directed against order dated 17. 12. 1993 whereby application of defendants No. 2 (petitioner herein) for amendment of the written statement was dismissed.
(2.) IN brief, the facts are that plaintiff (respondent No. 2 herein) on the basis of agreement dated 21. 7. 1990, filed a suit for specific performance against the petitioner and one Subegh Singh. In his written statement, petitioner denied the execution of agreement, and stated that one Mukhtiar Singh who was an employee in the Tehsil Office, Sultanpur Lodhi, got the signatures of the petitioner on plain papers on the pretext that these were necessary for depositing the installments for getting the sale-deed from the Government. The said Mukhtiar Singh with the connivance of document-writer and other marginal witnesses fabricated the document. Petitioner also denied that original agreement was lost or a false report to that effect was made to the police. During the pendency of the suit, an application was filed by the petitioner for amendment of the written statement so as to make up the following plea : "preliminary Objection No. 7; The alleged agreement for sale in favour of the plaintiff in question is totally false and fabricated document as Subeg Singh, defendant, never thumb-marked the same at any occasion. " Application, on contest, was dismissed on the ground that the proposed amendment is contrary to the plea already set up and infact, amounts to withdrawals of admission made by the petitioner in his written statement. The order refusing amendment is now being impugned in this revision petition. After having learned counsel for the parties, I am of the view that the revision petition deserves to succeed. The plea sought to be taken is only clarificatory in nature, as the petitioner has denied execution of the agreement in his original written statement. The suit in question is still pending trial and parties are yet to complete their evidence, and the respondent, in on case, is going to the prejudiced if the amendment sought is allowed.
(3.) ACCORDINGLY , this revision petition stands allowed, impugned order is set aside, and as and consequence thereof, the trial court shall allow the petitioner to amend the written statement, subject to payment of Rs. 500/- as costs.;