Defendants can take inconsistent pleas by way of amendment in the written statement, and bona fide amendments necessary for the determination of the real question in controversy can be allowed.

JUDGMENT

Raj Mohan Singh, J. - Challenge is made to the order dated 30.10.2019 passed by the Addl. Civil Judge (Sr. Divn.) Moga, vide which the application under Order 6 Rule 17 CPC filed by the respondent for amendment of the written statement was allowed.

2. Plaintiff filed a suit for possession by way of specific performance of agreement to sell dated 25.05.2017 and in the alternative suit for recovery of Rs.23,55,000/- inclusive of penalty along with interest, with consequential relief of permanent injunction was also filed.

3. In the aforesaid suit, defendants filed an application for amendment in the written statement on the ground that that suit filed by the plaintiff is based on the agreement to sell allegedly executed by the defendants which they have denied by questioning the execution and validity of the agreement to sell dated 25.05.2017. The defendants sought amendment in the written statement by proposing to add para No.4a. which is to the following effect:-

"4a. That present suit is result of collusion and concoction of plaintiff, Satnam Singh, M/s Aggarwal foods and its partner Kapil Kumar and Sukhdev Singh. In fact all these persons have made a gang to rob the defendants of their properties and also in order to pressurize them to admit the agreement of sale in the present case which is a forged and fabricated document. It is mentioned over here that another suit titled as "Satnam Singh vs Pritpal Singh" for recovery of Rs.20.00 lacs on the basis of agreement dated 09.12.2016 is also pending in the court of Ld. Civil Judge Moga. A complaint u/s 138 of NI Act titled as "M/s Aggarwal Foods vs Pritpal Singh" is also pending in the court of Mrs. Daljeet Kaur, PCS, Ld. JMIC Moga. Another suit titled "Sukhdev Singh vs Pritpal Singh" on the basis of agreement to sell dated 20.11.2017 is also pending in the court of Sh. Supinder Singh, PCS, Ld. Civil Judge (J.D.) Moga. It is also mentioned over here that all the plaintiffs of civil suits and complainant of complaint u/s 138 of NI Act and the marginal witnesses of the said forged documents on the basis of which above said cases have been filed, are hand in glove with each other. The above said plaintiffs are also the attesting witnesses of each other's documents and their sole motive is to grab property of defendants. The documents relied upon by the present plaintiff andby others as mentioned above are forged and fabricated and have been so concocted in collusion with each other and with Kapil Kumar and others partners of M/s Aggarwal Foods."

4. Defendants further pleaded that the proposed amendment will not change the nature of the case, rather the same would be a clarificatory in nature.

5. The trial Court after finding the proposed amendment to be bona fide accepted the application vide the impugned order by granting indulgence for amendment in the written statement on the ground that the proposed amendment is an elaboration of the stand already taken by the defendants in the written statement and the same is clarificatory in nature in furtherance of the original stand of denial taken by them in the written statement.

6. Learned counsel for the petitioner vehemently submitted that the plaintiff has already concluded his evidence and acceptance of the application for amendment of written statement would result in de novo trial as the plaintiff will have to lead evidence in rebuttal too on the evidence likely to be led by the defendants qua their amended stand.

7. I have considered the submissions made by learned counsel for the petitioner.

8. It is a settled principle of law that the defendants can take inconsistent pleas by way of amendment in the written statement. Bona fide amendment can be allowed at any stage of the suit. The amendments which are necessary for determination of the real question in controversy can be allowed. The nature of amendment in the written statement is only just an elaboration of stand already taken by the defendants in the written statement and t