RAJPAL Vs. SUBHASH AND ORS.

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 28.5.2015, passed by the court below, whereby the application filed by the petitioner for amendment of the written statement, was dismissed.

(2.) In the case in hand, respondent No. 1-plaintiff filed a suit for declaration and permanent injunction on 11.10.2012. The issues were framed on 6.10.2014. The application was filed for amendment of the written statement claiming that certain facts could not be mentioned, which are necessary for proper adjudication. The court below dismissed the application opining that effort of the petitioner is to file a new written statement and not to amend the same and the reason as to why the amendment was required could not be explained. A perusal of the application filed by the petitioner seeking amendment of the written statement shows that it does not contain necessary particulars as to in which paragraph amendment has been sought to what effect. In the absence thereof, the application seeking amendment of the written statement could not be entertained. For the purpose, reference can be made to the judgment of this Court in Shri Charanjit Lal v. Shri Ramesh Kumar, 2012 166 PunLR 51 . Paragraphs 15 and 16 thereof are extracted below:

(3.) The learned courts below to ensure that filing of amended pleadings by the parties are strictly in terms of the directions of Hon'ble the Supreme Court in Gurdial Singh's case . In view of the aforesaid enunciation of law, there is no merit in the present petition. The same is, accordingly, dismissed.