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Judgment
Raj Mohan Singh, J.(Oral) - The petitioner has assailed the order dated 24.09.2014 Annexure P-5 passed by Additional Civil Judge (Sr. Division) Patiala vide which prayer for amendment of written statement was declined.
In a suit for recovery, the stand of the petitioner in the written statement is based on false and fabricated documents. The alleged witnesses are closely related to the plaintiff and are interested witnesses. In elaboration of facts, the petitioner seeks to amend his written statement by introducing Para No. 6 and 7 in the preliminary objection and in Para No. 1 of reply on merits of the written statement. Plaintiff-respondent contested the application and the trial court dismissed the application vide impugned order.
During the course of arguments, learned counsel for the respondents fairly concedes that the petitioner be granted permission to amend his written statement subject to adequate costs and the necessary directions be issued for early disposal of the suit.
I find from the record that the amendment sought by the petitioner is otherwise explanatory in nature. The parameters for amendment of written statement are something different then the amendment of the plaint. Amendment of the written statement is to be liberally construed. Keeping in view the fair stand of the respondent, this petition is allowed, subject to payment of costs of Rs. 10,000/- payable to the respondent/plaintiff. Payment of cost would be a condition precedent for granting indulgence for amendment of the written statement by the trial Court. The trial Court shall make every endeavour to decide the suit itself within reasonable time.
Disposed of