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1978 Supreme(All) 213

S.D.AGARWALA
MODI SPINNING AND WEAVING MILLS CO – Appellant
Versus
LADHA RAM AND CO – Respondent


Advocates Appeared:
BENARSI DAS, Shanti Swarup Bhatnagar,

This is a revision filed under S. 115 of the Code of Civil Procedure against an order rejecting an application made by the applicant for framing additional issues in the case. The facts giving rise to the present revision are as follows :

The plaintiff respondent Ladha Ram and Co. filed a suit no. 21 of 1971 in the court of the 2nd Civil Judge, Meerut for a decree for Rs. 1,30,000/- against the defendant applicants. A written statement was filed on behalf of the defendants applicants. Thereafter almost after three years of the filing of the written

statement an application was made for the amendment of the written statement. The proposed amendments were for deletion of paragraphs 25 and 26 and for substitution of new paragraphs 25 and 26. The trial court rejected the application of the defendants applicants for amendment. On the ground that the defendants applicants wanted to resile from the admissions made by them earlier and that the application for amendment was not a bona fide one. Against the decision of the trial court rejecting the amendment application Civil Revn. No. 1004 of 1974 (All) was filed by the applicants. The said revision was decided by M. P. Saxena, J. on 8th Aug






































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