WRIT PETITION NO.S-^Siff2 v. Kujur, Arun

Learned counsel ^he petitioner submitted thct amendment sou9ht by the petitioner herein was consequential to the registration of the criminal ^ase based on the complaint of petitioner and such a plea cc^uld not have been taken before the registration of the criminal cas^ against respondent No.l. The order of the trial Court js perverse, as it has been mentioned in the impugned order that amendment which thje defendant is seeking has aiready been taken in paras-16 and 18 of fte written statement, which is totaily Gi.T'RJ—FS/35C ')2'2S8fltr&Wlto the r-ecord, therefore, the writ petition deserves to be Uli 'S'SF'^IPTR^. 4< •^?i'liw? {•'pfsp ^^ s ^•^ I- -^- ^73tBm3!I^i allowed and the petitioner m4y be ailowed to amend the written statement. I On the other hand, Mr. Kpshy, while supporting the order of the 1 trial Court, submitted that tHe impugned order in question is not perverse or contrary to the salttled principles of !aw, therefore, this . the order passed by the tria!

Court j Court should not interfere witji s under Article 227 of ttie Cons-titution of India. Under Article 227 of the Constitution of India the ^igh Court is entitled to interfere with the ordep of the Court beiow (uhere the Court below has passed the order having no jurisdiction or Ithe Court below has faiied to exercise the jurisdiction so vested or acted in exercise of its jurisdiction illegally or with mater'ial irregul^ri'^y. If the order impugned 13 allowad to exist, then same will be failur^ of the justice. 1 In view of *he above, we look into the facts of the present case, respondent No.l has filec^ the suit against the petitioner herein for defamation and compensatic^n of Rs.5 lacs on the ground that some false aliegations are leveiled a^ainst the petitioner/plaintiff and same 'itten statement has alreacty been filed. were pubiished in the paper. W During the pendency of the s^iit on the complamt of tne petitioner herein a criminal case bearingNo.113/2004 under Sections 376 and 342 of the I.P.C. has been regi^tered on 6-5-2004.

By this amendment Gi.PRJ—FS/350- )iffli?oner herein wants to raise the plea regarding regisj^ation o.t_ ./^" <TO?'iq, ®r!iW1$,f 1< WRg%t 1 "wreB-S'fsiAxN^R criminal case against responc|ent No.l raising the same as c defence to t'ne petitioner's ciaim based |)n the petitioners' p!aint. T'he trial Court has rejected the amendmen|' on the ground that the p!ea which the 1 defendant wants to take by the amendment has already been taken in paras-16 and 18 of the writte|i statement. Perusal of paros 16 an|J 18 of the written statement reveals that no such piea regarding r^gistration of •respondent No.l herein and jilaintiff in that suit has been raised in the the criinina! case against written statemsnt. The ^est for deciding the appiication amendment of the pleadings ^inder Order 6 Rule 17 of the C.P.C. is t'na" 'the Court may at any stag^ of the proceedings aiiow either party' to alter or amend his p!eadings in such manner and on such ts.-ms as may be just, dnd ail such amendm^nts shal! be made as may be necessary for the purpose of determining ^he real questions in controversy between ths pdrties.' In the present pase by the instant amendment of wr'itten statement the petitioner h4rein wants to naise the defence against *her^fore, the amendment in question goes to ciairn of the petitioner, the root of the suit.

The^efore, order impugned is perverse being based on the ground which is not existing in the written statement, therefore, in my opinion, this writ petition deserves to be allowed. Gi.PRJ—FS/350—12/2000—50.000. 3^'';?fp!TpP.I, •'S^RPTS, '!«sf<yl3%>l.'t A WifOTtT iroR 4 feA^R?R Inthe:result.thewritp^titionisaliowednndthieimpugnedBrden ,is set aside. The tri'dl Courtl mattep iri gccocdance with Idw; for respondenti No.l, 1+ie trigl is diRected to proceed further in thel However, as ar-gued byjearned coynsel 'ouFtshould try to expedite tiie trialin dcccrdahcewith law. In ^view o( •der, •M.(W.)P. No.5307/2004, I.A. Nos.9980/2004. dnd 9981/2004 stancldisposed of. Part-ies.are entitled forc^rtified copy of this omJer. -^aT-" L.C^00 .)udge_ - Sarve v.-:11 1 Gi; PRJ—FS/350—12/2000—50. 1:6' .!';! ^fl: ^