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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on : 18^th April, 2023

Pronounced on:

12^th June, 2023

+

CS(OS) 252/2013

YOGESH KUMAR

..... Plaintiff

Through:

Mr.Noor

Alam,

Advocate

(Through VC)

versus

DAVENDER KUMAR RELAN AND ORS

..... Defendants

Through:

Mr. Himanshu Bajaj, Advocate for

D-1 to 9

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

J U D G M E N T

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:-

Digitally Signed

By:DAMINI YADAV

Signing Date:12.06.2023

17:53:39

Signature Not Verified

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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 17^th July, 2019.

3. The defendants filed a written statement dated 04^th 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 22^nd May, 2015 and amended written statement dated 7^th 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.

Digitally Signed

By:DAMINI YADAV

Signing Date:12.06.2023

17:53:39

Signature Not Verified

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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:-

Digitally Signed

By:DAMINI YADAV

Signing Date:12.06.2023

17:53:39

Signature Not Verified

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Digitally Signed

By:DAMINI YADAV

Signing Date:12.06.2023

17:53:39

Signature Not Verified

Page 5 of 16

Digitally Signed

By:DAMINI YADAV

Signing Date:12.06.2023

17:53:39

Signature Not Verified

Page 6 of 16

Digitally Signed

By:DAMINI YADAV

Signing Date:12.06.2023

17:53:39

Signature Not Verified

Page 7 of 16

Digitally Signed

By:DAMINI YADAV

Signing Date:12.06.2023

17:53:39

Signature Not Verified

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6. Learned counsel appearing on behalf of applicant/plaintiff

submitted that it is apparent that defendants have treated this as an

opportunity to illegally incorporate new facts in those paragraphs of this

newly filed written statement in which corresponding paragraphs of the

plaint were not amended. Even the changes are not depicted in italics or

bold font and it has taken a huge effort to find out the changes which

have been incorporated clandestinely.

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