C.R. No.4091 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.4091 of 2009 (O&M) Date of Decision: 24.7.2009. Rohit Suri ....Petitioner Versus DAV College Management and Trust Society, and others ...Respondent CORAM : Hon'ble Mr. Justice Hemant Gupta. Present:- Mr. B.R. Mahajan, Advocate for the petitioner. HEMANT GUPTA, J. **** Defendant is in revision aggrieved against the order of learned trial Court dated 15.6.2009 whereby an application for amendment of written statement filed after 20 years of filing of the earlier written statement was declined. In an application to seek amendment of written statement, the defendant/petitioner sought to raise a plea that there is no proper authorization by the Head Office of plaintiff 's Managing Committee, New Delhi and the suit filed by the Local Managing Committee is not maintainable. Learned Trial Court has found that an issue has already been framed to the effect whether the suit is not maintainable in the present form, therefore, the amendment is not necessary for adjudication of the case. The learned trial Court also found that the petitioner has sought amendment in the written statement after 20 years of filing of written statement. Therefore, issue sought to be raised cannot be permitted to be raised by allowing amendment. It is the stand of the defendants that no evidence is required to be led even if the amendment is to be allowed. I do not find any merit in the arguments raised by learned counsel for the petitioner. There is nothing in law which bar the petitioner to raise the question of maintainability of the suit during the course of arguments before the learned trial Court. An issue regarding C.R. No.4091 of 2009 (O&M) 2 maintainability has already been framed. Such issue is comprehensive enough to include the objections in respect of maintainability of suit. Thus, I do not find any illegality and irregularity in the finding recorded which may warrant interference in the revisional jurisdiction of this Court. Dismissed. (HEMANT GUPTA) 24.7.2009 JUDGE Reema