Court set aside an order denying leave to file an additional written statement consequential to amended pleadings. The revision allowing such filing and dispensing with notice to the respondent was upheld.
Petitioners permitted to file additional written statement; notice to respondent dispensed with; impugned order set aside.
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CR No. 3735 of 201
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No. 3735 of 2013 (O&M) Date of decision: July 22, 2013
Balbir Singh and another
...Petitioners
Versus
Amolak Ram
...Respondent
CORAM:- HON'BLE MR. JUSTICE K. KANNAN
Present: Mr. Pritam Saini, Advocate, for the petitioners.
K. KANNAN, J. (Oral)
The grievance of the petitioners is that they should be permitted to bring additional written statement on the amended pleadings. The court has stated that since the written statement has already been filed, there is no need for additional written statement. I find the order to be unjustified. The petitioners/defendants are entitled to file additional written statement on the facts that stand altered with the amended pleadings. It is a necessary legal consequence. No prejudice would be caused by such course and only help the court to record a just finding.
Notice to the respondent is dispensed with, in view of the fact that additional pleadings cannot bring any fresh prejudice to the respondent and it will not cause any further delay in the process of trial. The impugned order in so far it denies a right to file additional written statement consequential to amendment in the plaint is set aside and the Civil Revision is allowed with the above direction.
July 22, 2013 (K.KANNAN) prem JUDGE
CR No. 3735 of 201 2
2 issues framed by the court
Whether petitioners are entitled to file an additional written statement following amendment in pleadings.
Whether notice to the respondent is required while granting permission to file an additional written statement.
Balbir Singh and another
Amolak Ram
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
