PRADEEP MEHRA Vs. BCH ELECTRIC LTD.

JUDGEMENT

(1.) The short issue to be considered in this matter is, as to whether upon amendment of a plaint to be effected under Order 6, Rule 7 of the Code of Civil Procedure, the defendant (respondent before us) in a civil suit has an untrammelled right to bring a written statement and take pleas which were never taken or withdraw admissions made in the written statement which was filed to the plaint before its amendment. This issue is so basic and the answer thereto has to be in the negative.

(2.) In the present case, the plaintiff (appellant before us), along with two others, had filed CS(OS) No. 1856/2015 against the respondent herein.

(3.) In these proceedings, the defendants took objection under Order 7, Rule 11 of the C.P.C. by way of I.A. No. 3600/2016 regarding joinder of the plaintiffs and causes of action. The Id. Single Judge by an order dated 19th September, 2016 permitted the plaintiffs to amend the plaint and directed trifurcation of the suit into three suits with the following directions :