Jia Lal and Another vs Met. Savitri Devi and Another

Ashok Bhan, J.—This revision petition has been filed by the defendants. Shortly stated, the facts are that the plaintiff-respondents (hereinafter referred to as the plaintiffs) filed amended plaint to which the defendant petitioners (hereinafter referred to as the defendants) sought to file the amended written statement. Court below has disallowed the filing of the written statement to the amended plaint on the ground that the filing of written statement is only an empty formality and would be only time consuming because in the plaint only relief clause has been amended. It was held that there was no necessity to file the written statement. Defendants being aggrieved have come against the said impugned order on the plea that the defendants would be within their right to file the amended written statement to the amended plaint as a right has accrued to the defendants to file the amended written statement to the amended plaint. As soon as an amended plaint is filed, it replaces the original plaint and a right has accrued to the defendants to file the written statement to the amended plaint otherwise at any stage it would be presumed that the defendants did not choose to file their pleadings by filing an amended written statement. Defendants, under the circumstances, would be entitled to file their amended written statement as the original written statement filed against the original plaint cannot be read as a part of the pleadings.

For the reasons recorded above, this revision petition is allowed, the impugned order of the court below is set aside. The defendant-petitioners would be entitled to file the written statement to the amended plaint. No costs.