High CourtsSingle Bench(2018) 04 SHI CK 0036

Jagdish Chand Sharma. vs Nand Lal

High Court Of Himachal Pradesh · Decided on 16 April 2018

HON’BLE JUDGES
CHANDER BHUSAN BAROWALIA
RESULT
Allowed
CASE NUMBER
CMPMO No.431 of 2017

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

9 paragraphs · 218 words

7.From the perusal of record, it is clear that the plaintiff at this stage, wants to amend his plaint by taking a plea that he has purchased the vacant land

alongwith house from one Shri Hans Raj son of Shri Kirlu Ram, vide agreement, dated 26.1.1992, for a consideration of `15,000/-. Learned counsel fo

the respondent has submitted that it will be a denovo trial and setting up of a new case. In the written statement, the petitioner/defendant has

specifically stated that he is owner of the suit land meaning thereby that he is owner of the land, but though not specifically averred by adding words

that he has purchased the land from one Shri Hans Raj son of Shri Kirlu Ram. So, this Court finds that no new case is going to be set up an

amendment is only explaining the contents of written statement in detail, the amendment as sought for, is necessary for adjudicating the lis inter se the

parties and it will help for a proper adjudication of the present case. At this moment, taking into consideration these facts, this Court comes to the

conclusion that amendment as sought for is necessary and the same cannot be discarded for the reason that the application was not maintained

immediately after filing of the written statement.