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2023 Supreme(P&H) 945

NIDHI GUPTA
Anil Kumar – Appellant
Versus
Baghail Singh – Respondent


Advocates appeared:
Mr. Vishal Aggarwal, Advocate for the petitioners.

NIDHI GUPTA, J.

1. Present revision petition has been filed seeking setting aside of the order dated 23.1.2023 (Annexure P-9) passed by ld. Civil Judge (JD) Nabha whereby the application filed by petitioners/defendants u/O 6 R 17 CPC for amendment of written statement has been dismissed.

2. Brief facts of the case are that respondent/ plaintiff presented cheques which was alleged to have been issued by the petitioners in the year 2006/2007. Said cheques were dishonoured, whereupon respondent registered an FIR no. 83 dated 11.9.2013 against the petitioners under Sections 406, 420, 120-B & 506 IPC. It is the petitioners’ own case that pursuant to the FIR, a false investigation was also conducted by the SP Detective, Sangrur wherein statements of certain witnesses were also recorded. Eventually, on 12.4.2019, the petitioners were acquitted in the trial that ensued from the said FIR.

3. Thereafter, respondent filed the present suit for recovery on 19.4.2016 (Annexure P1), to which petitioners filed written statement dated 26.9.2016 (Annexure P2). The parties led evidence, and vide order dated 4.9.2019 the evidence of the defendants was closed.

4. At this stage, petitioners filed an applica

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