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2007 Supreme(Pat) 1532

RAMESH KUMAR DATTA
Chanaki Sao Alias Chanakia – Appellant
Versus
Renu Singhaniya – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The main legal ruling is that amending the written statement after the defence has been struck off is impermissible, as it amounts to changing the basis of the case [judgement_subject].

  2. The court found that the lower court's decision to allow such an amendment was illegal and exercised without proper jurisdiction (!) (!) .

  3. The amendment in question involved adding a different rate of rent, which was not challenged or raised earlier in the proceedings, especially after the defence had been struck off for non-compliance with deposit orders (!) (!) .

  4. The law permits a defendant to raise issues related to title and rent rate even after the defence against ejectment is struck off, but it does not support amendments that fundamentally alter the case's basis at a late stage (!) (!) .

  5. The court emphasized that allowing such amendments when the defence has been struck off, and the defendant has failed to deposit the ordered rent, constitutes illegal exercise of jurisdiction and disrupts the proper course of litigation (!) (!) .

  6. The revision application was allowed, and the order permitting the amendment was set aside, with a direction to expedite the trial and dispose of the matter promptly [judgement_subject].

  7. The court also clarified that the scope of permissible defences after a defence is struck off is limited to issues like title and rent, and not to amendments that change the fundamental case or dispute earlier orders (!) (!) .

  8. The legal principle established reinforces that amendments which alter the core basis of the case after the defence has been struck off are illegal and cannot be permitted [judgement_subject].

These points collectively summarize the court's view that amendments to written statements after the defence is struck off are impermissible unless they pertain to issues still open for argument, and that such amendments, when made to change the case's foundation, are illegal.


Judgment

1. The interlocutory application has been filed by the petitioners for impleading opposite parties 2nd set and 3rd set who were defendant nos. 3 to 6 in the court below. It is submitted that due to oversight, the said persons who were parties in the court below have not been made parties in the revision application.

2. On a consideration of the aforesaid facts and circumstances, it is directed that the said defendants, who have been left out and whose names have been given in paragraph no. 3 of the interlocutory application, shall be added as defendant-opposite party nos. 3 to 6 in the Civil Revision application.

3. I.A. No. 3857 of 2007 is accordingly allowed.

4. Heard learned counsels for the petitioners and the opposite party Nos. 1 and 2. Since the revision application has been filed against the order allowing amendment application of opposite party nos. 1 and 2 to the written statement, there is no necessity to issue notice to and hear the newly added defendants-opposite parties.

5. The plaintiff-petitioners have filed this revision application against the order dated 10.5.2005 passed by Munsif, Lakshisarai in Eviction Suit No. 6 of 2001 by which he has allowed the ame















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