M.N. Bhandari, J. - (1.) WITH the consent of the parties, writ petition is heard finally. A challenge has been made to the order Dt. 07.07.2010 whereby application for amendment in the written statement was rejected on the ground that there exist no provision for the aforesaid purpose.
(2.) LEARNED counsel for respondents submits that rejection of the application should have been on the ground that events have not taken place subsequent to the filing of the written statement. The facts were available with the petitioner while filing the written statement itself. I have considered the submissions and find that so far as the impugned order is concerned, dismissal of the application is on the ground that there exist no provision for amendment in the written statement. The aforesaid reason is not proper. In view of above, impugned order is set aside with the direction to the Court below to consider and decide the application on its merits. The writ petition is disposed of with the aforesaid. The Court below would be expected to decide the application expeditiously. This dispose of the application for vacation of the stay order so as the stay application.;