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1998 Supreme(P&H) 471

T.H.B.CHALAPATHI
Bright Sanitary Corporation – Appellant
Versus
Paramjit Singh And Company And Anr. – Respondent


Judgment

T.H.B.Chalapathi, J.

1. This revision petition is filed against the order of the learned Sub Judge, 1st Class, Patiala, dated 1.9.1994, allowing an application for amendment of the written statement.

2. The plaintiff-petitioner filed a suit for recovery of an amount of Rs. 1,50,334.10 from the defendants on the ground that the defendants purchased sanitary goods from the plaintiff and the amount is due from the defendants. The defendants filed a written statement. Subsequently, the defendants made an application for amendment of the written statement under Order 6, Rule 17 of the Code of Civil Procedure. The said application was allowed by the trial Court in the impugned order. Hence this revision petition.

3. A perusal of the written statement filed originally and the amendment sought for clearly shows that the defendants are virtually seeking to substitute the written statement filed by them earlier under the garb of the amendment application. It is not a question of amendment of the original written statement but in fact a case of substitution of the written statement totally taking contrary pleas which have been originally taken. In paragraph 4 of the written statement,




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