KISHANLAL Vs. LAXMANDAS

JUDGEMENT

(1.) By this writ petition, a challenge has been made to the order dated 7.11.2009.

(2.) By the aforesaid order, two application were decided by the Court below. So far as this writ petition is concerned, it pertains to the order on an application made by the Plaintiff Respondents under Order VI Rule 16 of the Code of Civil Procedure (Code of Code of Civil Procedure). Aforesaid application was filed to delete new facts in the amended written statement.

(3.) It is a case where a suit for eviction was filed. During pendency of the suit, Plaintiff Respondents moved an application under Order XXII Rule 3 Code of Civil Procedure, which was allowed, accordingly Plaintiff Respondents were permitted to file amended plaint/application. Defendant Petitioner, thereupon, filed amended written statement containing additional facts than the facts mentioned in earlier written statement. Plaintiff Respondents raised objection for addition of new facts in the written statement ignoring provisions of Order 22 Rule 3 Code of Civil Procedure. This is more so when application for amendment in written statement was earlier dismissed by the court below vide its order dated 29.2.1996 followed by yet another application for amendment and dismissal thereof vide order dated 6.5.1998. Petitioner Defendant yet added those facts while filing amended written statement.