SUDERSHANA GUPTA Vs. GIRDHARI LAL

JUDGEMENT

(1.) One Prabodh Chander Gupta instituted a civil original suit on 16.10.1999 in the court of Sub-Judge, Rajouri against the respondent-defendant, wherein he prayed for passing of decree for ejectment against respondent- defendant in respect of the suit shop. Prabodh Chander Gupta passed away during the trial of the suit on 24.01.2006. The appellants herein were brought on record as legal representatives of the deceased plaintiff- Prabodh Chander Gupta. The trial court vide its judgment dated 14.07.2011 decreed the suit in favour of the appellants-plaintiffs and against the respondent-defendant.

(2.) Respondent-defendant filed statutory appeal against the decree and judgment dated 14.07.2011 in the Court of Principal District Judge, Rajouri (for short "Appeal Court"). During the pendency of the appeal, the respondent-defendant filed an application before the appeal court wherein he prayed that he be permitted to lead additional evidence in accordance with the mandate contained in Order XLI Rule 27 of Code of Civil Procedure (CPC). The appeal court rejected the application of the respondent-defendant. The order of the appeal court was challenged before the writ court in writ petition bearing OWP No. 1691/2011. The respondent-defendant was permitted by the writ court to withdraw the writ petition. Moreover, the liberty was also given to the respondent-defendant to lay motion for seeking amendment of the written statement before the appeal court.

(3.) The application seeking amendment of the written statement was filed by the respondent-defendant before the appeal court. To the said application, plaintiffs-appellants herein, filed objections. The appeal court after hearing the parties and considering the matter, dismissed the application vide its order dated 01.05.2012. The respondent-defendant again challenged the order of the appeal court before the writ court by filing writ petition, which was registered as OWP No. 685/12. Learned Single Judge vide its judgement dated 06.06.2012 allowed the writ petition of the respondent- defendant. Learned Single Judge also allowed the application seeking amendment of the written statement. It is this order of the learned Single Judge which is called in question in this Letters Patent Appeal (LPA).