SHRI RAM SWARUP Vs. LILA WATI & OTHERS

JUDGEMENT

(1.) The instant petition filed under Article 227 of the Constitution of India is directed against the order dated 27.3.2014 passed by learned Civil Judge (Junior Division), Solan, District Solan, rejecting the application filed by the plaintiff-petitioner (hereinafter referred to as the 'plaintiff') under Section 151 read with Order 8 Rule 9 of the Code of Civil Procedure (for short 'CPC') praying therein for rejection of amended written statement filed by the respondents.-defendants (hereinafter referred to as the 'defendants').

(2.) Briefly stated the facts, as emerged from the record, are that the plaintiff filed a suit for specific performance of contract against the predecessor-in-interest of defendants No.1 to 7, whereas defendant No.8 was arrayed as proforma defendant. During the course of trial, plaintiff moved an application under Order 6 Rule 17 read with Section 151 CPC for carrying out amendment in the plaint since there was a clerical/mathematical error in the original plaint filed by the plaintiff. By way of amendment, plaintiff proposed to make change in para-2 of the plaint, whereby plaintiff intended to substitute dated 14.12.1976 by 14.12.1978. Plaintiff in application claimed that inadvertently date of agreement was mentioned as 14.12.1976, whereas agreement between the parties was entered into on 14.12.1978. Aforesaid application was resisted by the defendants, but fact remains that learned trial Court below allowed the aforesaid amendment. Accordingly, plaintiff filed amended plaint (Annexure P-2).

(3.) At this stage, it may be noticed that predecessor-ininterest of defendants No.1 to 7; namely Shri Sukh Ram, had already filed written statement to the un-amended plaint i.e. Annexure P-3. But since he expired during the pendency of the suit, his legal representatives (for short 'LRs') were brought on record and arrayed as defendants No.1 to 7. Consequent upon filing of amended plaint by plaintiff, LRs of deceased defendant No.1 i.e. 1(a) to 1(g) filed written statement. Plaintiff, being aggrieved with filing of amended written statement by the LRs of deceased defendant No.1, filed an application under Section 151 read with Order 8 Rule 9 CPC praying therein for rejection of written statement filed by the defendants as same was beyond the scope of amendment.