CHIEF EXECUTIVE OFFICER Vs. KULDEEP SINGH BHADAURIA

JUDGEMENT

(1.) IN view of commonality of issues involved, on the joint request of parties, matter were heard finally and decided by this common order.

(2.) IN these batch of petitions, the petitioner GDA has challenged the orders whereby their application preferred under Order 15 rule 1 read with section 11 and 151 CPC were rejected by the Court below. By preferring said application, it was contended that this Court passed orders in Writ Petition No.7702/2012 and connected matters (Annexure P -5). As per the findings in said judgment, the civil suit cannot continue. The Court below rejected the said application by holding that issues have already been framed. The present plaintiffs were not party before the High Court in Writ Petition No.7702/2012 and, therefore, it will not be proper to reject the suit at this stage. The Court below further opined that in the interest of justice it will be lawful to decide the matter on merits.

(3.) DURING the course of arguments, it is gathered that the civil suit was filed in the year 2012. In the written statement there is no pleading about the judgment of this Court passed in Writ Petition No.7702/2012. In absence of pleading in this regard in the written statement, it is not clear whether Court below has framed any issue in this regard. However, during the course of argument, it is canvassed that this Court has passed a detailed judgment which is affirmed till Supreme Court. Since the judgment was delivered by this Court after filing of the written statement, in the peculiar facts and circumstances of this case, I deem it proper to permit the petitioners to file application for amendment in their written statement. The said amendment will be confined to the said judgment passed by this Court and may include the description of the property which is allegedly covered by. the judgment of this Court. To this limited extent if amendment application is filed, the Court below shall consider and allow it. There shall be no impediment for said application if it is filed to the aforesaid extent. In turn, plaintiff will be free to meet the averments of said amendment by preferring appropriate application to amend the plaint. If the said amendment takes place, the Court shall frame necessary additional issues which may be related to maintainability of suit.