D.N. Patel, J. - (1.) I have heard Learned Counsel for the petitioner, who was original respondent No. 1 in W. P (C) No. 4572 of 2009, which was already decided vide order dated 10th May, 2010.
(2.) HAVING heard Learned Counsel for the petitioner and looking to the facts and circumstances of the case, it appears that the present petitioner is an original defendant in Title Suit No. 123 of 2004. The plaintiff had preferred application under Order I Rule 10 of the Code of Civil Procedure for joining a party as well as application under Order VI Rule 17 of the Code of Civil Procedure for amendments. These applications were rejected by the trial court and therefore, the original plaintiff preferred W.P.(C) No. 4572 of 2009. For the reasons stated in paragraph No. 5(i), (ii), (iii) and (v), this writ petition was allowed by a detailed order dated 10th May, 2010. It is submitted by the Learned Counsel for the petitioner -original defendant that the defendant wants to file their written statement for the amended part of the plaint, but, it is fairly submitted by the Learned Counsel for the original defendant that he has never filed or submitted any written statement to the amended part of the plaint and he has presumed that the trial Court may dismiss such type of plea and therefore, in anticipation of the order passed by the trial court about the rejection of the further written statement, the present petition has been filed. It appears that this apprehension on the part of the original defendant is unwarranted and uncalled, at this stage. Unless such type of additional written statement or further written statement is tendered to that Court and unless it is rejected by the trial court, this type of application can not be allowed by this Court, at this stage and therefore, I hereby, permit the original defendant to file additional written statement or supplementary written statement to the amended part of the plaint and if the same is in accordance with law and the decision rendered by the Hon 'ble Supreme Court, it will be allowed by the trial court.
(3.) ACCORDINGLY , this petition is disposed of.;