The plaintiff after all wants to incorporate the liabilities also by way of amendment to the plaint. Whether the liabilities subsist and are a charge on the property is a matter to be considered finally. That by itself is not a reason enough to disallow amendment of the plaint as sought.
2. The impugned order is set aside and I.A.No.2680/2013 in O.S.No.139/2012 is allowed. The defendants are undoubtedly entitled to file an additional written statement to the amended plaint. Whether the contentions in the written statement which were withdrawn (on account of settlement) can be incorporated in the additional written statement (due to subsequent developments) is a matter to be considered by the court below.
The original petition is allowed.
vpv Sd/- V.CHITAMBARESH JUDGE