IMPORTANT POINT
Amendments to written statements should be liberally allowed to ensure justice, even if they introduce new defenses or clarify existing ones.

JUDGMENT :

ARCHANA PURI, J.

1. Challenge in the present revision petition is to the order dated 21.09.2023 (Annexure P6) passed by learned Court below, whereby, an application filed by the petitioner (who was defendant before learned Court below) for seeking amendment of the written statement was dismissed.

2. For the convenience of discussion, the parties are referred to as making appearance before learned Court below.

3. The material facts, as culled out from the paper-book are as follows.

4. That, initially, plaintiff had filed a suit for possession, by way of specific performance of an agreement to sell dated 08.05.2017, in respect of the property, as detailed therein.

5. In the plaint, it was asserted about the defendant representing herself to be owner in possession of one shop measuring 27.77 sq.yards, consisting of double storey building, on the basis of registered sale deed dated 25.07.1996. Further, the extent of consideration, so settled between the parties as well as the amounts paid, from time to time, were mentioned. However, it was asserted in the plaint about the defendant having not got executed the sale deed, despite plaintiff, having remained ready and willing to get the same executed.

6. The written statement was filed, wherein, besides taking preliminary objections to dispute the maintainability of the suit in the present form and also about plaintiff, having not come to the Court with clean hands, the ownership of the defendant regarding the shop measuring 27.77 sq.yards, on the basis of the registered sale deed dated 25.07.1996, as such, was not disputed. Even, it was not denied about the agreement to sell having reached between the parties. But the specific version was asserted about the plaintiff to have failed to perform, his part of the agreement. Besides the same, receipt of an amount of Rs.2 lakh, as such, was admitted, but the residue amounts having paid on 23.05.2017 and 02.11.2017, as such, have been denied. Also, it was denied that the date of registration of the sale deed was extended to 07.01.2018.

7. After framing of the issues, the evidence of the plaintiff was recorded and closed. The defendant as well as her husband, namely Sh.Davinder Kumar had also been examined as witnesses. However, at that stage, an application for seeking amendment of the written statement was filed. In the application, it is asserted about the endorsement with regard to the payment of Rs.5 lakh additionally, to be forged and fabricated. Besides the same, it has also been averred that the property in dispute is the only residential house of the defendant. She and her husband will suffer extreme hardship, in case the property is directed to be sold to the plaintiff. The defendant was in disadvantageous position, at the time when, she was made to enter into the agreement, as she and her husband were physically very weak. The defendant intended to make addition of preliminary objection No. 6, which reads as follows:

“(i) The Preliminary objection No. 6 may kindly be added as follows:

P.O. No. 6 - “The house in dispute was purchased by the defendant on 17.07.1996, vide sale deed bearing Wasika No. 14477, copy of which is already placed on the file.

The said property is the only residential house of the defendant/applicant. The defendant/applicant suffered a serious injury on 31.12.2008, when she was sitting on the pillion seat of the motor cycle being driven by her husband Davinder Kumar. Bones of her right leg were broken into pieces and she was admitted in the hospital Krishna Charitable Hospital, Model Town, Ludhiana and was operated upon. Rods were inserted in her leg and she is unable to walk properly thereafter.

Her husband Davinder Kumar also suffered an accident when he was riding his motor cycle and met with a serious accident with a motorcycle and a Tata Ace (Chhota Hathi). He suffered fracture in his right leg and was hospitalized for one month in Civil Hospital, Ludhiana. Thereafter, he has been walking with the help of