JAIMAL SINGH Vs. CHANAN DEVI

JUDGEMENT

(1.) THE plaintiff challenges the order dated 7th June, 1984 dismissing this application under Order 6 Rule 16 of the Code of Civil Procedure (for short 'the Code'). Briefly the facts are as follows.

(2.) THE plaintiff on 28th April, 1970 filed a suit for possession a portion of House No. 2669 Gali No. 2, Beadonpura, Karol Bagh, New Delhi on the allegations that he was the owner of the house having purchased the same in an auction held by the Managing Officer, that Sawan Singh deceased was a statutory tenant and defendants being his heirs were not entitled to inherit the tenancy rights. The defendants in their written statement dated 9th September, 1970 raised various pleas. Para 1 of the preliminary objection was as follows :

(3.) THE plaintiff on 1st March, 1984 filed the present application alleging that the defendants have made unauthorised additions and deletions in the written statement relating to para 1 of the preliminary objections and para 3 of the written statement on merits. He therefore prayed that the defence be struck off and in the alternative the defendants be directed to amend the written statement incorporating the original para 1 of the preliminary objections and para 3 of the reply on merits. The application was resisted by the defendants on the ground that it was belated one, that no objection was taken in the replication that the defendants had a legal right to file their written statement in any manner they like. The trial Court by the impugned order dated 7th June, 1984, dismissed the application on the ground that the plaintiff failed to raise objection in his replication regarding the unauthorised addition or deletion in the written statement, that the application was belated and it was filed with a view to delay the suit. The plaintiff has come in revision.