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Judgment
Paramjeet Singh, J.—Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 01.08.2013 (Annexure P-5) whereby application of the petitioner-defendant under Order 6 Rule 17 read with Section 151 CPC (in short "CPC") for amendment of written statement has been dismissed. I have heard learned counsel for the petitioner and perused the record.
Learned counsel for the petitioner contends that application moved by the petitioner for amendment of written statement under Order 6 Rule 17 read with Section 151 CPC has not been properly drafted and the same has been dismissed by the learned trial Court due to technical defects. Learned counsel for the petitioner prays that he may be permitted to withdraw the application for amendment of written statement with liberty to file appropriate application specifying the amendments which are to be carried out and the impugned order dated 01.08.2013 (Annexure P-5) may be set aside as it may affect the subsequent amendment application.
Having considered the contentions of learned counsel for the petitioner, without serving notice upon the respondent with a view to impart complete justice to the parties and to save expenses, which may be incurred by the respondent to appear in this Court as also to avoid unnecessary delay in adjudication of the matter, this Court deems it fit and appropriate to allow withdrawal of application for amendment of written statement as there are some lacunae while drafting application for amendment of written statement as well as the amendments sought, with liberty to the petitioner to file a fresh application for amendment of written statement with better particulars.
In view of this, the petitioner is allowed to withdraw the application under Order 6 Rule 17 read with Section 151 CPC for amendment of written statement. Since the petitioner is withdrawing the application for amendment of the written statement, the impugned order dated 01.08.2013 (Annexure P-5) passed on merits is set aside which otherwise may ultimately affect the subsequent amendment application.
Disposed of.
The petitioner will be at liberty to move application for amendment with better particulars along with the amended written statement. However, if the respondent feels aggrieved by this order, he will be at liberty to move an appropriate application in this regard.