IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 6319 of 2010 Date of decision: 14.7.2011 Smt. Kamla Devi … Petitioner versus Premo Devi and others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. S.S.Kharab, Advocate, for the petitioner Mr. Virender Saini, Advocate, for the respondents ... ARVIND KUMAR, J: The present petitioner is the defendant in the suit for declaration titled Premo Devi etc. v. Smt. Kamla Devi. She filed an application for amendment of the written statement to incorporate the events that had taken place during the pendency of the suit, namely, in his absence the plaintiffs had forcibly taken possession of house No. 3776, Urban Estate, Jind, on 3.5.2009. The application was opposed on the ground that right from the beginning, plaintiffs were in possession of the suit property and the same was never handed over to the defendant and so, the question of breaking open the locks of the house does not arise. The application for amendment of the written statement has been dismissed vide impugned order dated 16.7.2010 passed by the Additional Civil Judge(Sr.Division), Jind. Hence, this revision. Counsel for the petitioner-defendant has contended that the case is just at the initial stage and as such, amendment as prayed will not cause any prejudice to the opposite side as they would have an ample opportunity to rebut the allegations. In B.K.N.Pillai v. P.Pillai, 2000(1) SCC 712, it has been held by the Hon'ble Supreme Court that where the purpose of C.R. No. 6319 of 2010 -2- amendment is to elaborate the defence and take additional plea, ordinarily such an application should not be dismissed. It is also well-settled that the amendment in respect of the written statement is granted more liberally than in the plaint. In back-drop of these facts, the present revision petition is allowed and the impugned order set aside. The present petitioner is allowed to amend his written statement as prayed; however, subject to payment of costs of Rs.5000/- to be paid by him to the opposite side. July 14, 2011 ( ARVIND KUMAR ) JS JUDGE