NARESH KUMAR Vs. OM PARKASH

JUDGEMENT

(1.) THIS revision arises out of an order declining the application of the ,petitioner seeking a direction to the respondent to restrict his written statement to the pleadings amended in the petition for ejectment. _ It was further claimed that' since the respondent had made admissions in the earlier written statement he cannot be permitted to file a written statement inconsistent with the admissions made by him in the earlier written-statement.

(2.) ADMITTEDLY, the petition for ejectment has been amended by the petitioner and The relief as well as the heading of the petition stand amended. While granting the permission to amend the petition for ejectment, no restrictions were imposed with respect to the written statement. Learned counsel for the petitioner argues that the respondent after the amendment of the petition can file his reply to the limited extent i. e. , to the amended portion of the petition alone and no further pleas or additional pleas can be introduced nor earlier pleas can be withdrawn. It is further contended that admission once made in the pleadings cannot be permitted to be withdrawn except with a prior permission to amend the written-statement Learned counsel for the petitioner relies upon Thakkar Babulal Dayashanker v. Mehta Natwarlal Kaluram and Anr. , A. I. R. 1978 Guj. 94, and Mittarsain and Anr. s v. Ram Dass and Anr. , 1978 R. L. R. 171 and Mehnga Dass and Ors. v. Maya Singh and Anr. , A. I. R. 1937 Lah 795.

(3.) THE learned counsel for the respondent has refuted the submissions made and contends that once a party is allowed to amend his pleadings, no restriction can be imposed on the opposite party to file reply to the pleadings. It was within his legal right to take all available grounds irrespective of the fact whether these were previously taken in the original reply or not. In support of his submission, he relies upon Girdharilai v. Krishan Datt, A. I. R. 1960 Pb 575, New Bank of India Ltd. v. Smt. Raj Rani w/o Jaikishan Dass and Anr. , A. I. R. 1966 Pb. 162, Daya Ram v. Puran Chand etc. , 1974 Curr. L. J. 74, Jagdish Parsad v. Dhensi Ram (deceased) and other, (1977) 79 P. L. R. 670 and Smt. Dhapan v. Vijay Singh and Ors. , 1980 R. L. R. 52.