The defendants violated the rules of pleadings by amending the written statement beyond the scope of law defined in Order VI Rule 16 of CPC. The Court allowed the amended written statement to be taken on record subject to a cost of Rs.25,000/- to be deposited in the name of 'DHCBA Lawyers Social Security and Welfare Fund' within two weeks.

JUDGMENT

Chandra Dhari Singh, J.

I.A. No. 11118/2020 (under Order VI Rule 16 CPC)

1. The instant application under Order VI Rule 16 of the Code of Civil Procedure, 1908 (hereinafter "CPC") has been filed on behalf of applicant/plaintiff seeking the following relief:

"It is therefore most respectfully prayed that in the interests of justice, this Hon'ble Court may kindly be pleased to strike off the pleadings in the written statement dated 04/12/2019 which have been pointed out by the applicant/plaintiff in para 6 of this application: and

Pass such other/further orders in favour of applicant/plaintiff as deemed fit and proper in facts of the case."

FACTUAL MATRIX

2. The material facts of the instant application are that the applicant was allowed to amend the plaint while allowing IA No. 10184/2019 by the Coordinate Bench of this Court. The amendments allowed by the Court were enumerated in paragraph 40(A) to 40 (I) of the amended plaint dated 17th July, 2019.

3. The defendants filed a written statement dated 04th December, 2019 to the amended plaint, wherein they ought to have replied to the newly added paragraphs in the amended plaint. It is alleged that the defendants, instead of filing written statement only with respect to the amended portion of the plaint, chose to file a fresh written statement incorporating new paragraphs and contents in place of their previously filed written statement, without seeking the permission or leave of the Court. The defendants have chosen to incorporate changes corresponding to the paragraphs which were not amended in the plaint.

4. It is further alleged by the plaintiff that the unwarranted changes in the written statement are prejudicial to the plaintiff as these are an afterthought of the defendants and many admissions of fact are being attributed to the plaintiff. The amendment application bearing I.A. No. 9752/2014 was allowed by the Coordinate Bench of this Court vide order dated 22nd May, 2015 and amended written statement dated 7th May, 2014 was taken on record. It is alleged that in garb of this written statement to amended plaint, again some new facts and defences have being incorporated without permission of the Court. Hence, the instant application has been filed on behalf of applicant/plaintiff.

SUBMISSIONS

(on behalf of the applicant/plaintiff)

5. Learned counsel appearing on behalf of applicant/plaintiff submitted that the unwarranted additions/alterations in the written statement to amend the plaint are mentioned in Paragraph 6 of the instant application, which are reproduced hereinbelow:

"(i) Para 1 of preliminary objections has the following addition:

"The said submission is fortified by the recent and startling revelation in the criminal investigation pending against Plaintiff vide FIR 182/2018 PS Neb Sarai;".

(ii) Para 1 of the preliminary objections has the addition of sub-paras (a) to (h).

(a) That the Hon'ble Court may kindly consider that the alleged/forged agreement which forms the foundation of the present Civil Suit had never been executed and the plaintiff, has forged the same and it is for that reason that the plaintiff has never filed the original agreement as no such agreement exists.

(b) That aggrieved by the act of forgery and fraud committed by the plaintiff, the defendants filed a criminal complaint Chandrakanta Relan Vs. Yogesh Kumar & Ors. against the plaintiff and his accomplices in view of the blatant forgery committed by the plaintiff.

(c) That after a detailed hearing, vide order dated 27.4.2018, the Ld. M.M. South was pleased to pass orders under Section 156(3) Cr. P.C. and directed registration of FIR against the plaintiff herein and the said order culminated in FIR 12/2018 PS: Neb Sarai.

(d) That aggrieved by the lack progress in investigation of the said FIR, the defendants herein again approached the Court of Hon'ble M.M. U/S 156 (3) Cr. P.C. for monitoring progress of the investigation.

(e) That vide status report filed by the Ld. I.O. on 04.11.2019; it ha