Yashwant Singh vs. State Of Hp

Yashwant & Ors. Vs. State of H.P.

CS No. 39/2019

12**.**05.2022 Present:Mr. Romesh Verma, Advocate, for the plaintiffs.

Mr. Arvind Sharma, Additional Advocate General with Mr. Narender Thakur, Deputy Advocate General, for the respondents-State.

OMP No.281/2022

Due to subsequent events, the application has become infructuous. Accordingly, the same is disposed of as having been rendered infructuous.

OMP No.423/2021

This application for the amendment of the written statement has been moved by the respondents-State. The genesis for moving the amendment application lies in the averments made in the para-11 of the plaint, wherein it was pleaded that the defendants were served with demand notice dated 18.11.2018 through registered post. In their written statement, the defendants denied receiving the notice in their office. It was pleaded that no such notice was received in the office of the defendants as mentioned in para-11 of the plaint. The plaintiffs filed replication and reiterated that demand notice dated 18.11.2018 under Section 80 of the Code of Civil Procedure was served upon the defendants through registered post. It was also highlighted that postal receipt alongwith copy of the notice had already been placed in the court file. Subsequently application under Order 6 Rules 17 CPC was moved by the defendants, seeking following amendment in the written statement:-

"Para-11 That in reply to para-11 of the plaint, it is submitted that the notice as served by the plaintiff was delivered in the office of defendants however, as the plea taken in the notice was not acceptable therefore no action was taken thereon."

Defendants have pleaded in the application that after receiving the copy of the replication, official records were again looked into. It was found that notice as issued by the plaintiffsnon applicants was in fact delivered in the office of the defendants. By way of amendment, the defendants only seek to correct their earlier plea of denial in having received the demand notice. The amendment sought for, does not change the defence taken by the defendants. Only a formal amendment has been prayed for by the defendants for correcting the mistake occured in para-11 of their written statement. Hence, in the interest of justice, the application for amendment in the written statement is allowed. Defendants are permitted to amend the written statement in terms of prayer clause of the application. Application stands disposed of.

CS No.39/2019

Amended written statement be now filed within a period of two weeks. Replication thereto, if any, be filed within two weeks thereafter. List after four weeks, as prayed for.

Jyotsna Rewal Dua Judge

12th May, 2022(Rohit)