UMRAO SINGH Vs. SUBE SINGH

JUDGEMENT

(1.) Present petition is challenge to the order dated 24.7.2015, passed by learned Additional Civil Judge (Senior Division), Narnaul, whereby application under Order 6 Rule 17 CPC, filed by the petitioner/defendant, for amendment of the written statement was declined.

(2.) However, the Court below, while passing the order dated 24.7.2015, dismissed the application mainly on the ground that petitioner was allowed to be substituted under Order 22 Rule 10 CPC. Petitioner-Jaswant Singh had stepped into the shoes of Umrao Singh and he is not permitted to raise any fresh plea and as such not entitled to raise additional plea. The said order is liable to be set aside.

(3.) Having considered the submissions made by learned counsel for the parties, this Court is of the considered view that the Court below has already considered all these facts while passing the order under challenge that at the time of filing of written statement, all these facts were within the knowledge of Umrao Singh, who died when the evidence of plaintiff was recorded. Such a plea had not been taken by Umrao Singh during his life time and the petitioner has stepped into his shoes and he is not permitted to raise any fresh plea. Such a view was taken by Hon'ble Rajasthan High Court in Chandra kala and Others v. Kanak Mal and Others, 2003 AIR(Raj) 306 and also by this Court in Durga Dass v. Ram Rakha and Others, 1951 AIR(P&H) 389.