Jagdish Chand Sharma. vs Nand Lal

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.