Court No. - 5
Case :- MATTERS UNDER ARTICLE 227 No. - 2053 of 2019 Petitioner :- Deep Chhawara Respondent :- Lalit Khanna Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- Vinayak Mithal
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Arun Kumar Singh, learned counsel for the defendant-petitioner and Sri Vinayak Mithal, learned counsel for the plaintiff-respondent.
This petition under Article 227 of the Constitution of India has been filed praying for the following relief:
"I. set aside the impugned order dated 16.02.2019 passed by the District Judge, Meerut in S.C.C. Revision No.64 of 2017 Deep Chhawara Versus Lalit Khanna and impugned order dated 08.08.2017 passed by the Learned Judge Small Causes Court, Meerut in S.C.C. Suit No.70 of 2012 (Lalit Khanna Versus Deep Chhawara)."
By the impugned order, the Amendment Application 78ga filed by the defendant-petitioner for making certain amendment in the written statement was rejected. Sri Vinayak Mithal, learned counsel for the plaintiff-respondent states that this petition may be allowed and as a consequence thereof, the Amendment Application 78ga may also be allowed so that S.C.C. Suit No.70 of 2012 (Lalit Khanna Versus Deep Chhawara), may be decided by the court below, expeditiously.
In view of the statement made by learned counsel for the plaintiff-respondent, this petition is allowed. The impugned order dated 08.08.2017 in S.C.C. Suit No.70 of 2012 (Lalit Khanna Versus Deep Chhawara) rejecting the Amendment Application 78ga and the order dated 16.02.2019 in S.C.C. Revision No.64 of 2017 (Deep Chhawara Versus Lalit Khanna) passed by the District Judge, Meerut, are hereby set aside. The Amendment Application 78ga is allowed. Necessary amendment in the written statement shall be carried by the defendant- petitioner within three weeks from today. The court below shall make endeavour to decide the S.C.C. Suit No.70 of 2012 in accordance with law, expeditiously, without granting any unnecessary adjournment to either of the parties.
Order Date :- 22.8.2019 NLY