Shakti Kumar Pawar v. Smt Shashi Gosain

1. Petitioner is defending a suit seeking recovery of possession, arrears of rent along with pendente lite interest.

2. During the time, when the above said suit was pending adjudication, an application was moved by the plaintiff seeking amendment in the plaint and the amendment was limited to the aspects related to ‘valuation’ and ‘verification’.

3. Interestingly, the defendant did not oppose the above said application and, resultantly, the amendment was allowed by learned Trial Court vide order dated 04.05.2024.

4. The defendant was directed to file amended written statement within four weeks. However, when such amended written statement was filed by the defendant, learned Trial Court took note, on the pointing out of the plaintiff, that the amended written statement was containing pleas which were inconsistent with the averments made by him in the initial written statement and he had introduced a new cause of action to the detriment and prejudice of the plaintiff.

5. Learned Trial Court while relying on Kedar Nath & Ors. vs. Ram Prakash & Ors.: SCC OnLine Del 903, refused to take on record the above said written statement.

6. Naturally, since the amendment sought by the plaintiff was formal and technical in nature and was merely with respect to the ‘valuation’ and ‘verification’, the defendant, while submitting his amended written statement, should have confined himself to the above said two aspects only and had no reason to make any significant change in the amended written statement or to take any plea which was inconsistent with the initial written statement filed by him.

7. During course of the arguments, Sh. Rajeev Gupta, learned counsel for the petitioner (defendant) submitted that he may be granted time to submit amended written statement, strictly, in consonance with the amendment allowed. He also states that he would reserve his right to move appropriate application seeking amendment in his written statement by moving appropriate application in this regard.

8. Learned counsel for the respondent/plaintiff appears on advance notice and has no objection if the petitioner/defendant is granted time to file such amended written statement.

9. Keeping in view the overall facts and circumstances of the case, the present petition is disposed of with the direction to the petitioner to submit amended written statement, as undertaken above, within four weeks from today with advance copy to the opposite side.

10. Needless to emphasize, such amended written statement shall be strictly in consonance with the amendment allowed by the learned Trial Court and he would not be permitted to make any other addition or modification which is not related to the amendment allowed by learned Trial Court.

11. It is always up to the defendant to move any application seeking amendment in the written statement. If he moves any such application in this regard, learned Trial Court shall consider the same in accordance with law, after giving due opportunity of hearing to both the sides.

12. The petition stands disposed of accordingly.

JUDGE OCTOBER 16, 2024