(1.) Rule was issued on 5th March 2010 returnable on 29th March 2010. This Court while issuing rule has observed as under:
(2.) At the request of the learned advocate for the petitioner, the matter is taken up for final disposal. The learned senior advocate for the petitioner relied upon decision of the Hon'ble the Apex Court in the matter of Baldev Singh and others Vs. Manohar Singh and another, reported in (2006) 6 SCC 498. He has specifically relied upon paras 8, 9, 15 and 16, which read as under:
(3.) Taking into consideration the averments made in the petition and the submissions made by learned senior advocate Mr.Naik for the petitioner, this petition deserves to be allowed. The same is accordingly allowed. Taking into consideration the fact that the written statement is sought to be amended after the same was filed, the present petitioner is directed to pay cost of Rs.5000/- to the present respondent-original plaintiff. Rule is made absolute.