Rajasthan High Court - Jaipur
Mishri Lal And Ors vs Tulsi Ram Gupta &Ors on 21 September, 2011
Author: Bela M.Trivedi
Bench: Bela M.Trivedi
In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur S.B.Civil Writ Petition No.2455/2009 Mishri Lal-Petitioner vs. Tulsi Ram Gupta and another-Respondents. Date of order : 21.9.2011 Hon'ble Ms Bela M.Trivedi,J Mr.Shobhit Tiwari, for the petitioners Mr.LL Gupta, for the respondents By the Court:
1.Petition has come up for hearing on the application filed by the respondents seeking vacation of stay granted by this court.
2.With the consent of learned counsel for the parties, the matter is finally heard.
3.After making some submissions, the learned counsel appearing for the petitioners (original-defendants) has submitted that he does not press the challenge of the order dated 2.4.2008 passed by the trial court allowing amendment in the plaint. Learned counsel for respondent No.2, who is the legal heir of the original plaintiff has also fairly stated that in view of the ratio of the judgment delivered in the case of Ramchandra vs Mahendra Singh AIR 1980 Rajasthan 4, the order passed by the trial court dated 18.11.2008, striking out the amendment in written statements of the defendants may be set aside.
4. In view of the above and in view of the ratio of the judgment laid down in the case of Ramchandra vs Mahendra Singh (supra), the order dated 18.11.2008 passed by the trial court is required to be set aside and is accordingly set aside. The amended written statement of the defendants is permitted to be taken on record. Respondent No.1/2 i.e plaintiff shall be at liberty to file rejoinder to the amended written statement filed by the defendants. The suit being of 1981, it is directed that the same shall be disposed of as expeditiously as possible by the trial court.
5.In view of the above, petition is disposed of accordingly.
(Bela M. Trivedi),J om