IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3498 of 2004 (O&M) Date of Decision 28.08.2009 Harkamaljit son of Tarsem Lal ...... Petitioner VERSUS Sheela and others ......Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.R.S.Athwal, Advocate, for the petitioner. ***** A.N.JINDAL, J(ORAL): Aggrieved against the order dated 03.06.2004, passed by Addl.Civil Judge (Senior Division), Phagwara, allowing the application of the defendants-respondents (herein referred as 'the respondents') for amendment of written statement, the petitioner-plaintiff (herein referred as 'the petitioner') has filed this petition. Arguments heard. The only contention raised by the learned counsel for the petitioner is that the amendment sought by the defendants- respondents in the written statement is contrary to the original as such the same cannot be allowed. The Trial Court allowed the application for amendment while placing reliance over the judgment 1995 Supplementary (3) Supreme Court Cases, 179 Basavan Jaggu Dhobi vs. Sukhnandan Ramdas Chaudhary wherein the Apex Court has held that it is open to the defendant to take even contrary or contradictory stand whereby the cause of action is not in any manner effected and plea contrary to the original taken is not barred by way of amendment. As such, this petition is dismissed. However, the effect of the contrary plea, allegedly being set up, would be examined and considered by the trial Court at the time when the suit is decided on merits. Dismissed. 28.08.2009 (A.N.Jindal) mamta-II Judge