Surjit Kaur vs Harpinder Kaur - 2022 Supreme(P&H) 1764

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 1764

MANJARI NEHRU KAUL
Surjit Kaur – Appellant
Versus
Harpinder Kaur – Respondent

Advocates appeared:
Mr. Gagandeep Singh Sirphikhi, Advocate, for the Appellant; Mr. T.P.S.Tung, Advocate, for the Respondent.

JUDGMENT

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 17.05.2018 (Annexure P-6) vide which an application filed by the petitioner-defendant for seeking amendment of the written statement, was dismissed.

2. Learned counsel appearing for the petitioner inter alia contends that the impugned order suffers from material irregularity being contrary to the settled law pertaining to the amendment of pleadings. He has vehemently argued that the trial Court while passing the impugned order failed to appreciate that mere mentioning of a wrong provision of law could not be a ground for denial to exercise its jurisdiction, which otherwise vested in it under other provisions of law. He submits that mere delay in filing of an application for amendment could not have been a ground to refuse the amendment, which had been sought by her vide application dated 23.04.2018 (Annexure P-4). He further submits that it was on account of an accident slip that the facts sought to be incorporated by way of the proposed amendment could not be included initially when the written statement was filed by her. H

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