C.R. No.953 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.953 of 2008 Date of Decision: 15.2.2008 Lachhman Dass .....Petitioner Vs. Gulab Singh and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.B.R. Gupta, Advocate for the petitioner. ... RAJIVE BHALLA, J (Oral) Challenge in this revision petition is, to an order dated 2.2.2008 passed by the Additional Civil Judge (Senior Division), Ratia, dismissing an application, filed by the petitioner for amendment of the written statement. A perusal of the impugned order discloses that the petitioner raised a clear and emphatic plea, in the written statement that defendant no.2 had not executed any agreement of sale in his favour. The above averment was supported by the petitioner's oral deposition when he appeared in the witness box and deposed on oath. . The amendment prayed for, seeks to nullify not only the averments in the written statement but also the petitioner's deposition on oath. The petitioner's contention that he came to know about the execution of the agreement to sell in his favour, when evidence to that effect came on record and the plea of a mistake based upon the aforesaid assertion is unbelievable. In addition the prayer for amendment is not only contradictory and destructive of the already existing C.R. No.953 of 2008 2 averments in the written statement but also seeks to nullify the petitioner's deposition on oath. The learned trial Court, therefore, rightly dismissed the application. As no error of jurisdiction is discernible, the revision is dismissed. 15.2.2008 ( RAJIVE BHALLA ) GS JUDGE