- (1.) IN this writ application, the petitioner has prayed for quashing the order dated 9.12.2003 passed by learned Munsif, Bermo at Tenughat in Title Suit No. 49 of 2000, by which the learned court below has rejected the prayer for amendment in the written statement.
(2.) IN the application filed on 24.11.2003, the petitioner prayed for following amendment in the written statement: - "That in 7th line of Paragraph -5 of the written statement after the word "dated" the figure "15.6.1954" be added. From perusal of the impugned order, it appears that the said prayer has been refused on the ground of delay in filing the said amendment. Learned counsel submitted that since the date sought to be added by way of amendment has already been admitted in evidence there is no harm in allowing the amendment in the written statement. It has further been submitted that the suit was still at the stage of evidence and there was no inordinate delay.
(3.) LEARNED counsel appearing on behalf of the respondents, on the other hand, submitted that the amendment has been sought after a long delay and that the court below has rightly rejected the prayer for amendment.;