C.R. No. 2348 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.R. No. 2348 of 2010

Date of decision 16.7.2010

Punjab National Bank

.......petitioner

vs.

Ram Kaur and others

.......respondents

CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA

Present: -

Mr. R.S. Bhatia, Advocate

for the petitioner.

HEMANT GUPTA, J (ORAL)

Challenge in the present revision petition is the order passed

by the learned trial Court on 18.3.2010, whereby an application filed by the

defendant-petitioner for amendement of the written statement, was

declined.

The plaintiff-respondent has filed a suit for possession and

also claimed Mesne Profits. During the pendency of the suit, the parties

entered into a settlement. In terms of the said settlement as per the

defendant, the plaintiff was to withdraw the present suit. The suit continued

and was decreed by the trial Court. However, the judgment and decree

was set aside by the learned first Appellate Court on 30.4.2009 and the

matter was remitted back for decision afresh after giving opportunity to the

parties to lead evidence. Thereafter, the defendant moved an application

for amendement of the written statement to plead compromise wher