- (1.) HEARD the learned counsel for the petitioner and perused the order by which the Court below allowed the amendment petition filed by the petitioner excepting the amendment sought to be made in para 3 of the plaint by introducing subparagraph 3(a).
(2.) ALTHOUGH the said petition was filed at a belated stage, but when the Court below allowed some part of the amendment, it should have allowed the proposed amendment also in order to give effective decision in the matter in controversy between the parties. For the aforesaid reasons, this application is allowed and that part of the impugned order is set aside. Needless to say that the defendant -respondent shall file additional written statement and controvert the statement sought to be added by way of amendment before the Court below proceed with the hearing of the suit.;