PRAKASH GUPTA,J. - (1.) This writ petition has been filed by the petitionerdefendant (hereinafter referred to as the defendant) against the order dated 21.12.2010 whereby the trial court allowed the application filed by the respondent-plaintiff (hereinafter referred to as the plaintiff ) and denied to take the written statement filed by the defendant on record for the reason that the opportunity to file the same had already been closed.
(2.) Facts giving rise to the present writ petition are that the plaintiff Mira Devi filed a suit for permanent injunction against the defendant Umrao Singh Thirawat. Vide order dated 26.8.2002, opportunity to file the written statement by the defendant Umrao Singh Thirawat was closed. During the pendency of the suit the plaintiff filed an application under Order 1 Rule 10(2) readwith Section 151 CPC for impleading Zila Bhoomi Vikas Bank as a party defendant no.2 in the aforesaid suit. Vide order dated 25.5.2005, the Trial Court allowed the application and impleaded Zila Bhoomi Vikas Bank as a party defendant no.2 in the aforesaid suit and the matter was posted for filing the written statement by the defendant no.2. Taking the undue benefit of opportunity being granted to the defendant no.2 to file the written statement, the defendant no.1 Umrao Singh Thirawat filed the written statement, irrespective of the fact that his opportunity to file the written statement had already been closed by the Trial Court vide its order dated 26.8.2002.
(3.) The plaintiff filed the application for not taking the written statement filed by the defendant no.1 on record for the reason that his opportunity to file the written statement had already been closed vide order dated 26.8.2002. The said order dated 26.8.2002 was challenged before this Court by filing petition, which was dismissed. In this view of the matter, it was prayed that the written statement filed by the defendant no. 1 be kept in Part D and the same shall not be taken on record. The defendant no.1 filed the reply to the said application. It was submitted that on the application filed by the plaintiff, Zila Bhoomi Vikas Bank was impleaded as a party defendant in the suit filed by the plaintiff. Resultantly the amended plaint was filed and a copy whereof was given to the defendant. In the amended plaint, new facts were incorporated, for which the Court granted permission to file the amended written statement. The amended written statement was filed within the prescribed time. In this view of the matter, amended written statement was required to be taken on record.;