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2022 Supreme(P&H) 859

MANJARI NEHRU KAUL
Bhagirath @ Bhaga – Appellant
Versus
Ranjit Singh – Respondent


Advocates:
Mr. P.K.Ganga, Advocate, for the Appellant.

JUDGMENT

ORDER

Manjari Nehru Kaul, J. (Oral). - Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 12.05.2022 (Annexure P-5) whereby an application under Section 6 Rule 17 CPC filed by the petitioners for amendment of written statement was dismissed.

2. Learned counsel for the petitioners submits that the impugned order is repugnant to the settled principle of law regarding amendment of pleadings. He submits that after the death of Bhagirath @ Bhaga Ram, the petitioners have been impleaded as his legal heirs. After putting in an appearance before the trial Court, the petitioners learnt that the written statement filed by Bhagirath @ Bhaga Ram suffered from some deficiency and therefore, they moved an application for amendment of the written statement to incorporate certain relevant facts, which would in turn clarify the real and actual facts before the trial Court. Learned counsel further submits that proposed amendment is necessary for just and effective adjudication of the case, which the trial Court failed to appreciate. He further more submits that written statement can be amended at any stage of trial and cann

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