YOGESH KUMAR Vs. DAVENDER KUMAR RELAN

JUDGEMENT

(1.) The instant application under Order VI Rule 16 of the Code of Civil Procedure, 1908 (hereinafter "CPC") has been filed on behalf of applicant/plaintiff seeking the following relief:-

(2.) The material facts of the instant application are that the applicant was allowed to amend the plaint while allowing IA No. 10184/2019 by the Coordinate Bench of this Court. The amendments allowed by the Court were enumerated in paragraph 40(A) to 40 (I) of the amended plaint dtd. 17/7/2019.

(3.) The defendants filed a written statement dtd. 4/12/2019 to the amended plaint, wherein they ought to have replied to the newly added paragraphs in the amended plaint. It is alleged that the defendants, instead of filing written statement only with respect to the amended portion of the plaint, chose to file a fresh written statement incorporating new paragraphs and contents in place of their previously filed written statement, without seeking the permission or leave of the Court. The defendants have chosen to incorporate changes corresponding to the paragraphs which were not amended in the plaint.