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2017 Supreme(Del) 4446

SANJEEV SACHDEVA
AKSHAY MEHTA – Appellant
Versus
USHA DUTTA – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. Arun Francis.
For the Defendants :Mr. Rajesh Yadav and Mr. Sanjay Kumar Chhetry, Ms. Maninder Acharya, Senior Advocate with Mr. Yashraj Singh Deora, Mr. Ragya Vaidehy Singh, Ms. Sanjana Saddy, Mr. Shakeel Sarwarwani, Mr. Serman Rawat and Mr. Sahil Sood.

JUDGMENT :

SANJEEV SACHDEVA, J.

IA No.7923/2014(on b/o. D-2 to 4 u/O.VI R.17 CPC)

1. By this application, under Order VI Rule 7 of the Code of Civil Procedure (CPC), Defendant Nos.2 to 4 seek amendment of the Written Statement dated 22.10.2007.

2. It is contended in the application that the Written Statement dated 22.10.2007 is no Written Statement in the eyes of law. This contention is premised on the allegation that the Written Statement was not prepared at the instance of the Defendants. The Applicants/Defendants had not appointed Lawyer. It is contended that the Lawyer of Defendant No.10 was advising them and Defendant No.10 had told the Applicants not to bother about the legal proceedings. It is contended that the Written Statement was prepared and filed by the Lawyers of Defendant No.10 and was not shown or read out to the Applicants.

3. Further, it is contended, that the Written Statement is not verified by any of the Defendants and in the absence of the verification, the Written Statement cannot be taken to be a Written Statement.

4. It is further contended that Defendant No.3 – Smt. Shashi Mehta was asked to sign only one page which appears to be the last page of the Written Sta


























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