BALDEV SINGH Vs. SARABJIT KAUR

JUDGEMENT

(1.) Present petition is filed challenging the order dated 29.4.2010 passed by Civil Judge (Jr. Divn.) Dhuri whereby the Defendant was directed to file the additional written statement confining to the amended plaint.

(2.) The brief facts of the present case are that Plaintiff has filed suit for declaration seeking declaration to the effect that the Plaintiff and Defendant No. 6 are the co-owners and in joint possession of the suit property to the extent of half share. Defendant-Petitioner has filed written statement against the plaint. Thereafter, Plaintiff has moved an application seeking amendment in the plaint which was allowed by learned trial Court vide order dated 26.10.2009 permitting the Defendant-Petitioner to file additional written statement. Thereafter, Defendant-Petitioner filed written statement taking all the available pleas. Plaintiffs-Respondents moved an application before the learned trial Court saying Defendants No. 1 to 4 can not file additional written statement taking new/additional pleas. Application moved by the Plaintiff was allowed by the impugned order.

(3.) I have heard learned Counsel for the parties and perused the record.