Neeraj Agarwal vs Parth Gulati

Alok Kumar Verma, J

Present Revision has been preferred under Section 115 of the Code of Civil Procedure, 1908 against the order dated 11.11.2022, passed by learned IIIrd Additional Senior Civil Judge, Haridwar in Original Suit No.59 of 2019, “Parth Gulati vs. Neeraj Agarwal”, by which, an amendment application, filed by the revisionist-defendant, has been dismissed.

Heard Mr. M.S. Tyagi, learned Senior Advocate assisted by Mr. Chandra Prakash, learned counsel holding brief of Mr. Sunil Chandra, learned counsel for the revisionist-defendant and Mr. Piyush Garg, learned counsel for the respondent-plaintiff.

After arguing at some length, Mr. Piyush Garg, Advocate submitted that respondent-plaintiff does not want to oppose the amendment-in-question. However, he requested to direct the Trial Court to expedite and decide the said Original Suit within one year.

Mr. M.S. Tyagi, learned Senior Advocate agrees with the above submission of Mr. Piyush Garg, Advocate.

With the consent of learned counsel for the parties, present Revision is allowed. Impugned Order dated 11.11.2022 is set aside. Amendment Application dated 20.09.2022 (paper no.63C2), which has been dismissed by the Trial Court, is allowed.

Amendment(s), in the written statement, be incorporated within 15 days from today and replica, if any, may be filed by the plaintiff within 15 days thereafter.

Learned Trial Court is directed to expedite the said Original Suit and decide the same, without granting any unnecessary adjournment to either of the parties, preferably within a period of one year from the date of the receipt of the certified copy of this order.