The plaintiff can file a reply statement in response to the allegations contained in the written statement, explaining the case without introducing inconsistent pleas or new cause of action.

The plaintiff has filed a reply statement along with the application to receive the same. The following pleas are found in the affidavit:

a. The written statement contains the factual inaccuracies and these have been deliberately made for reasons best known to the defendants. In view of these discrepancies, it is necessary for the applicant/plaintiff to file a reply statement to the written statement of the 1st and 2nd defendants for a more and detailed understanding of the facts in disputes.

b. Even if the reply statement is received, no loss or hardship would be caused to the defendants.

2. In the counter filed by the defendants 1 and 2 it is alleged that the plaintiff has taken out this application to get over the legal bar. On the eve of commencement of trial, an application for amendment may not be permissible. It is an attempt to improve upon the pleadings of the plaintiff to fill up the latches, after seeing the written statement. The plaintiff virtually attempting to substitute the plaint, which is impermissible. One of the three documents, produced along with the reply statement is purported acknowledgment of liability dated 06.08.2002. It has been gotten up after perusal of the written statement with the intention of neutralizing the averments of the written statement. It is a specific case of the plaintiff that a sum of Rs.1,25,19,056.14 as on

06.12.2002 and therefore the document dated 06.08.2002, wherein there is an alleged acknowledgment of the defendant's liability to the tune of Rs.1,19,88,000/-, is a begotten one. The perusal of the document would show that no credit has been given under the head "Provisions", to the tune of Rs.52.6 lakhs, which has been acknowledged by the plaintiff by its letter dated 12.02.2000. Having not given credit to the provision account, the plaintiff is not justified in raising the suit claim.

3. The pleadings in the reply statement that the defendants admitted to pay a sum of Rs.119.88 lakhs payable on 06.08.2002 is totally contradictory to the plaint averments and hence the entire suit claim would go, the sum of Rs.5.33 lakhs has not anywhere featured in the plaint and is coming up for the first time. The defendants can make alternate plea, but not the plaintiff. In the plaint, no where there is a whisper about an alleged reconciliation of accounts dated 06.08.2002, which has not been filed as a plaint document nor there is a pleading to this effect. Hence, it is clear that the plaintiff is attempting to fill up the lacuna on the basis of a fabricated document. In view of the above circumstances, this application may be dismissed.

4. The learned counsel appearing for the petitioner would submit that only in response to the allegations in the written statement the pleadings in the reply statement have been advanced, that there is no new plea forthcoming, apart from the plaint allegations and that there is no legal bar to put forth the things explaining the circumstances in written statement in favour of the plaintiff in the reply statement.

5. Repelling the contentions, the learned counsel appearing for the defendants would submit that going by the reply statement, it could be seen that the plaintiff has taken new plea with regard to the alleged liability letter dated 06.08.2002, that it was not divulged in the plaint and that the plaint pleadings did not reflect the particulars of amount as mentioned in the said document.

6. In order to make the circumstances as clear, it is profitable to extract the contents of the letter dated 06.08.2002, since it is being assailed by the defendants' side in tooth and nail, which as follows:

"This is as per discussion with GE Motors Limited on 06-Aug-02.

After reconciliation with GEMI, it has been found that Devie & Co. is liable to pay Rs.119.88 lacs to GEMI without any further reconciliation, Rs.119.88 lacs is undisputed and not subject to any further reconciliation. Rs.5.33 lacs is the amount pending for 600 motors sales return, if we