- (1.) This revision petition is directed against the order of the trial Court dated October 14, 1987, whereby the application seeking amendment in the plaint was declined.
(2.) The plaintiff by virtue of the said application wanted to amend the plaint to the effect that he could not state the date on which the papers were supplied by M/s. Partap Stationery Mart and Amar Traders to the defendants on behalf of the plaintiff. The said omission was inadvertent and may be allowed to be added by way of amendment. The application was resisted on behalf of the defendants. The trial Court dismissed the same primarily on the ground that :- "These issues were framed on 13.10.1986. Delay in filing the application by the plaintiff for amendment of the plaint for such a long period lends me support to hold that no sufficient cause is made out to allow the amendment sought by the plaintiff in the instant case, view of the cross-examination on a particular point done by the defendant of the plaintiff."
(3.) After going through the impugned order, I find that the trial Court has acted illegally and with material irregularity in the exercise of its jurisdiction. If the application was a belated one, the plaintiff could be burdened with costs. Moreover, at the time of the motion hearing on November 17, 1987, it was submitted on behalf of the petitioner that he wanted to insert the date of supply of papers to the defendants regarding which evidence had already been led. He also submitted that if the amendment is allowed, he will not lead any further evidence. In view of the said statement, the revision petition is allowed. The impugned order is set aside and the application for amendment of the plaint as prayed for is allowed on payment of Rs. 300/- as costs. It is again made clear that on account of this amendment the plaintiff will not be allowed to lead any further evidence. In case the parties are yet to lead any evidence, it is directed that the same will be produced by them at their own responsibility for which only one opportunity will be given to each party.;