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1992 Supreme(P&H) 535

S.S.GREWAL
Pritam Singh – Appellant
Versus
Atma And Ors. – Respondent


Judgment

S.S.Grewal, J.

1. This revision petition is directed against the order of Sub-Judge IIIrd Class, Patiala dated 29th October, 1991 whereby defendant was not permitted to raise new or inconsistant or additional pleas in the amended written statement.

2. Learned counsel for the parties were heard.

3. On behalf of the petitioner it was submitted that on the strength of the authority of this Court in Prem Singh v. Harpal Kaur, (1991-1) 99 P. L. R. 209, wherein relying on another authority of this Court Jagdish Parshad v. Dhensi Ram (deceased), (1977) 79 P. L. R. 670, it was observed that once an amended plaint is filed, a legal right accrues to the opposite party to file a fresh written statement wherein new objections can be taken in the absence of any exceptional circumstances or any statutory bar or special order of the Court at the time of allowing the amendment,

4. In the instant case, no reference whatsoever has been made either to any exceptional circumstance or any statutory bar or the order of the trial Court, at the time of allowing the amendment which can create any legal bar for the defendant from taking new and inconsistant pleas while filing the written statement t


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