HARINDER KUMAR Vs. MANGESHWAR KUMAR AND OTHERS

JUDGEMENT

(1.) DEFENDANT no. 4 - Harinder Kumar has approached this Court by way of instant revision petition filed under Article 227 of the Constitution of India to assail order dated 16.03.2012 (Annexure P -3) passed by the trial court, thereby dismissing application (Annexure P -1) filed by defendant no. 4. Suit has been filed by respondent no. 1 - plaintiff against petitioner and performa respondents no. 2 to 6. In the suit, joint written statement was filed on behalf of defendants no. 3 to 5. However, the said written statement was signed by defendant no. 3 only. Defendant no. 4, in his application (Annexure P -1), alleged that inadvertently, he could not sign the written statement for himself as well as being guardian of defendant no. 5, who was then minor. Accordingly, permission was sought to sign the written statement.

(2.) PLAINTIFF , by filing reply (Annexure P -2), opposed the application and pleaded that defendant no. 4 cannot be permitted to fill lacuna in his case because the written statement cannot be read on behalf of defendants no. 4 and 5.

(3.) I have heard counsel for the parties and perused the case file.