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1977 Supreme(All) 245

N.D.OJHA
Tungal Ram – Appellant
Versus
Leelawati – Respondent


Advocates:
Girish Chandra Saxena, for Applicant; S.C., for Opposite Party.

Judgement

ORDER :- The applicant is the defendant in a suit. After the plaintiff s witnessess had been examined and cross-examined and the plaintiff closed her evidence an application was made for amendment of the written statement by the applicant on the ground that shortly before the defendant had met the plaintiff and was told by her that she had not instituted the suit at all. On the basis of this alleged conversation the written statement was sought to be amended incorporating a plea that the plaint was liable to be rejected not having been filed by the plaintiff. This application was dismissed by the Munsif. He disbelieved the applicant s version in regard to his meeting the plaintiff and the talk which is said to have taken place between the parties. The Munsif took the view that the defendant s version in this behalf did not inspire confidence. He also took the view that no case had been made out for amendment in the written statement after the close of the evidence by the plaintiff. This order was passed on 9th April, 1977. Against that order a revision was filed before the District Judge which was dismissed on 30th July, 1977, on the ground that in view of the amendment in













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