IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CR No. 7302 of 2011 Date of decision: July 10, 2012 Avtar Singh s/o Karam Singh r/o Village Bhusian, Tehsil Guhla Distt. Kaithal ....... Petitioner Versus Smt. Bachni d/o Bawa Dutt and others ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. B. R. Mahajan. , Advocate for the petitioner. None for the respondents. **** K. Kannan, J (oral). 1. Petition for amendment of the written statement was dismissed by the trial Court which is the subject of challenge in revision. The amendment sought to introduce the plea of non-maintainability of the suit on the basis that it was bad for non- joinder of necessary parties. The principle of law for amendment of pleadings must be so understood that the Court shall be more lenient in amending the written statement than amending the pleadings. This has been so held by the Supreme Court in its judgment in Usha Balashaheb Swami and others Vs. Kiran Appaso Swami and others reported in AIR 2007 SC 1663. The Supreme Court has explained with reference to Order 6 Rule 17 that a prayer for amendment of a pleading and amendment of written statement stand on different footing and in the case of amendment of written statement the defendant is entitled to take even a new defence and also inconsistent stand. The trial Court ought to have therefore allowed the petition and permitted the plaintiff if need be to file a replication to the amended pleadings of the defendant. 2. The order of the trial Court is set aside. The application for amendment of the written statement is allowed. The same shall be taken on record and the plaintiff shall be permitted to file a rejoinder to the amended pleadings within eight weeks from the date of receipt of copy of the order. The trial Court shall consider the issues on the basis of amended pleadings and the rejoinder that may be filed by the plaintiff and proceed for disposal of the case in accordance with law. 3. Civil Revision is allowed to the above extent. (K. KANNAN) JUDGE July 10, 2012 archana