RAJ CHAUDHARY Vs. COL RAJINDER SINGH BHASINE

JUDGEMENT

(1.) The issue in dispute in the present petition pertains to allowing of application filed under Order VI Rule 17 read with Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') by the respondent no. 1/plaintiff no. 1 before the learned Trial Court.

(2.) The factual matrix leading to institution of the present petition reveal that the respondents had filed a suit for possession along with damages against the petitioner on 18/3/1997. The petitioners contested the said suit by filing written statement in the month of October, 1997. In May of 2000, an amended plaint was filed in Suit No. 1602/2000 before this court as the learned Additional District Judge returned the plaint originally instituted before it for filing the same before appropriate court after giving proper valuation for the purpose of possession. To said amendment suit, the respondents filed their amended written statement. Thereafter, due to enhancement of the pecuniary jurisdiction of the District Courts the matter got transferred back to the District Courts.

(3.) Subsequent thereto, the respondents filed an application under Order VI Rule 17 read with Sec. 151 CPC and on the other hand, the petitioners, moved an application under Order VII Rule 11 CPC. The said application was moved keeping in view the fact that the respondent had to carry out certain amendments in the original plaint which were beyond the scope of order dtd. 11/5/2000 passed by learned Trial Court. Both the applications were disposed off by learned Trial Court vide order dtd. 15/11/2007 and the learned Trial Court directed the respondents to file the plaint strictly in consonance with the order dtd. 11/5/2000 passed by the Court. The said order was again not complied with and the amended plaint dtd. 22/12/2007 was filed, again carrying out more changes than what was allowed by the learned Trial Court. However, the petitioners without prejudice to their rights, on 17/3/2008, filed amended written statement taking all such objections to which replication was also filed. Thereafter, evidence was led by both the parties, arguments were heard and both the parties filed their respective written submissions.