Kailash Devi (Smt.) Vs. Addl. Distt. Judge and ors.

Kailash Devi (Smt.) vs Addl. Distt. Judge and ors.

Type Court Judgment Court Rajasthan Decided Dec 03, 2007

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Citation: sooperkanoon.com/771982
Court: Rajasthan High Court
Judge: Prakash Tatia, J.
Decided On: Dec 03, 2007
Case Number: S.B. Civil Writ Petition No. 2328/2006
Subject: Constitution

Case Summary

AI-generated summary - not the official court judgment text.

Constitution of India - Article 226--Civil Procedure Code, 1908--Amendment in written statement--When cannot be disallowed--By amendment, petitioner wants to raise legal objection--Amendment goes to root of matter--Held, trial Court was not justified in rejecting application for amending written statement on ground ...

Key legal issue: Constitution

Parties & Advocates

Appellant / Petitioner

Kailash Devi (Smt.)

Respondent

Addl. Distt. Judge and ors.

Legal References

Reported In: 2008(2)WLN229

Excerpt

constitution of india - article 226--civil procedure code, 1908--amendment in written statement--when cannot be disallowed--by amendment, petitioner wants to raise legal objection--amendment goes to root of matter--held, trial court was not justified in rejecting application for amending written statement on ground of some delay.;writ petition allowed. - writ petition allowed.1. heard learned counsel for the parties.2. the petitioner's application filed on 04.02.2006 for amending the written statement was rejected by the trial court on the ground that the amendment cannot be allowed after some delay in view of the amended provisions of code of civil procedure.3. since by this amendment, the petitioner wants to raise a legal objection to the effect that whether pre-emption can be enforced on a property held on lease basis? since the objection is an objection of law only, therefore, the trial court should not have refused this objection to be incorporated in the written statement and should have allowed the amendment because it goes to the root of the matter.4. in view of the above, this writ petition is allowed, the impugned order dt. 31.03.2006 is set aside and the application filed by the petitioner dt. 04.02.2006 is allowed.

Full Judgment

Writ Petition Allowed.

1. Heard learned Counsel for the parties.

2. The petitioner's application filed on 04.02.2006 for amending the written statement was rejected by the trial Court on the ground that the amendment cannot be allowed after some delay in view of the amended provisions of Code of Civil Procedure.

3. Since by this amendment, the petitioner wants to raise a legal objection to the effect that whether pre-emption can be enforced on a property held on lease basis? Since the objection is an objection of law only, therefore, the trial Court should not have refused this objection to be incorporated in the written statement and should have allowed the amendment because it goes to the root of the matter.

4. In view of the above, this writ petition is allowed, the impugned order dt. 31.03.2006 is set aside and the application filed by the petitioner dt. 04.02.2006 is allowed.

Same Court & Year Rajasthan · 2007 Same Parties Kailash Devi (Smt.) vs Addl. Distt. Judge and ors. Same Subject Constitution Same Judge Prakash Tatia, J.

Constitution