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Judgment
Vide order dated 15th November, 2018, the matter before the Trial Court was fixed for final arguments and even written submissions were also filed. At that stage, an application was instituted on 4th October, 2018, with a prayer to remove the written statement filed by the petitioner-Ram Kishan on 20th September, 2012; which has been declined by the Trial Court; leading to institution of the writ application.
Learned counsel for the petitioner insistently argued that the petitioner was not aware on the correct facts while his written statement was submitted in the suit proceedings. It is further contended that the signatures were obtained by his counsel on blank papers. The Vakalatnama was also obtained by playing a fraud. Hence, the suit proceedings are required to be conducted afresh, removing the written statement of the petitioner from the record and liberty to the petitioner to file written statement afresh.
Heard and considered.
The Trial Court after a detailed discussion of the factual matrix including the fact that the written statement was filed on 20th September, 2012; found the application without any substance and merit. The allegations levelled against the counsel in obtaining signatures of the petitioner on the written statement so also on Vakalatnama were also found to be baseless. No action was initiated by the petitioner against the counsel on those counts.
Further, the suit proceedings have continued since institution and the written statement was filed on 20th September, 2012. The application instituted by the petitioner with the prayer to remove the written statement from record for the reasons aforesaid; has rightly been declined by the Court below, in the factual matrix of the case at hand.
For the reasons aforesaid so also reasonings recorded by the Court below declining the application vide impugned order dated 15th November, 2018; do not suffer with any material irregularity or exercise of discretion in a manner so as to call for any interference in the Court in exercise of writ jurisdiction under Article 227 of the Constitution of India.
In the result, writ application fails and is hereby dismissed.