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Judgment
Alok Singh, J.—Present petition is filed challenging the order dated 20.10.2010 passed by learned Civil Judge (Junior Division), Faridabad, whereby application seeking amendment in the written statement was rejected.
In the original written statement, Defendants have taken plea that they are the owner in possession pursuant to the sale deed. Record reveals that sale deed dated 06.02.1989 has already been placed before the Trial Court. Not only this, the agreement dated 26.12.1988 pursuant to which sale deed dated 06.02.1989 was executed has also been produced before the Trial Court. The only amendment sought is that Defendants be permitted to incorporate in the written statement following pleadings:
Shri Ghan Shyam Dass also executed agreement dated 26.12.1988 in favour of Defendant and handed over the possession to him and later on executed the sale deed on 06.02.1989.
In the opinion of this Court, since evidence is already on record and Plaintiffs have already pleaded that they are in possession being owner on the basis of sale deed, hence by permitting the Defendants-Petitioners to incorporate amendment sought in the written statement, will not prejudice the Plaintiffs.
Present petition is allowed. Amendment application moved by the Defendants-Petitioners stand allowed. Defendants-Petitioners shall pay Rs. 10,000/-as costs to the Plaintiffs within 10 days from today. Plaintiffs shall be at liberty to file replication only to the amended portion within 15 days from today. Learned Trial Court is directed to expedite the hearing of the suit.