HARSH CHADHA Vs. C K SHARMA

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India impugning the order of the trial court dated 30.7.2014 by which the trial court has recalled its order dated 13.1.2014 allowing the petitioner/defendant to file written statement to the amended plaint i.e the petitioner/defendant was not allowed to file the amended written statement.

(2.) The facts of the case are that a suit for recovery of Rs.3,17,365/- was filed by the respondent/plaintiff against the petitioner/defendant and in which case during the course of addressing final arguments the case was adjourned for remaining arguments on 13.11.2013 and the plaintiff/respondent was directed to correct the cause title of the suit and the verification clause and the matter was adjourned to 13.1.2014. On 13.1.2014, when the amended plaint correcting the verification clause and cause title was filed, court gave time to file amended written statement. Respondent/plaintiff applied for recall of this order on the ground that the defence of the petitioner/defendant was already struck off way back on 10.10.2011 and therefore, there was a mistake committed in passing a routine order for filing of the amended written statement.

(3.) This application has been allowed and the order dated 13.1.2014 was recalled which had directed filing of the written statement to the amended plaint.