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2015 Supreme(P&H) 112

BHARAT BHUSHAN PARSOON
Rajbir Singh – Appellant
Versus
Tejinder Singh – Respondent


Advocates:
For the Petitioners:Mr. R.D. Bawa, Advocate.
For the Respondents No.1 to 5: Ex-parte vide order dated 4.2.2015.
For the Respondent No.6: Ex-parte vide order dated 10.11.2014.

JUDGMENT

Dr. Bharat Bhushan Parsoon, J.: - Order dated 12.7.2013 (Annexure P-7) vide which application under Order VI Rule 17 read with Section 151 CPC for amendment of the written statement of the defendants, respondents herein, was allowed by the lower court, forms genesis of the present revision petition.

2. Respondent No.6 was proceeded against ex-parte on 10.11.2014 and on the date of hearing of arguments on 4.2.2015, neither respondents No.1 to 5 nor their counsel appeared despite several pass overs. They were thus also proceeded against ex-parte.

3. The plaintiffs, petitioners herein, are aggrieved of this order claiming that the amendment allowed in the written statement takes away the admission made by the defendants in their pleadings and thus, changes not only the contours of the litigation but even sum and substance thereof. Prayer for reversal of the impugned order and acceptance of the revision petition has been made.

4. Citing Vidyabai and others Versus Padmalatha and another [2009(1) Law Herald (SC) 540] : 2009(1) RCR (Civil) 763 (SC), counsel for the petitioners-plaintiffs has urged that the court has no jurisdiction to allow amendment of pleadings after commenceme




















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