NIKKA RAM Vs. PIAR CHAND

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for quashing of order dated 05.01.2019, passed by the Court of learned Civil Judge, Barsar, District Hamirpur, H.P. in Civil Suit No. 320 of 2015, titled as Nikka Ram Vs. Shri Piar Chand and others, vide which, written statement filed by the respondents to the amended plaint, was ordered to be taken on record.

(2.) The grievance of the petitioner, who is plaintiff before the learned Court below, is that the order vide which the amendment in the suit was allowed, was passed on 10.11.2017 and thereafter, despite reasonable opportunities having been granted to the respondents to file the amended written statement, the same was not filed and this aspect of the matter had been ignored by the learned Trial Court while accepting the amended written statement filed by the respondents.

(3.) The contention of learned counsel for the petitioner is that while allowing the amended written statement to be taken on record vide impugned order, learned Trial Court erred in not appreciating that there was no reasonable cause assigned by the respondents as to why the amended written statement was not filed within a reasonable time.