Dr. Jitander Nath Kalia Dr. Jitander Nath Kalia v. Manohar Lal Arora Arora & Others
Case Details
(O&M) CR-5675-2025 (O&M) -1- - IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- CR CR-5675-2025 (O&M) Decided on :-22.08.2025 Decided on : Dr. Jitander Nath Kalia Dr. Jitander Nath Kalia ....Petitioner VERSUS Manohar Lal Arora Arora & Others ....Respondents
Legal Reasoning
MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE Present: Mr. , Advocate for the petitioner. Mr. Varun Baanth, Advocate for the petitioner. MANDEEP PANNU J. MANDEEP PANNU J. -.- 1. Present revision petition has been directed against the orders dated Present revision petition has been directed against the orders dated Present revision petition has been directed against the orders dated Present revision petition has been directed against the orders dated 05.08.2025 passed by the learned Additional Civil Judge (Senior 01.07.2025 and 05.08.2025 passed by the learned Additional Civil Judge (Senior 05.08.2025 passed by the learned Additional Civil Judge (Senior 01.07.2025 and Division), Kalka, whereby the request of the petitioner to file a replication to the Division), Kalka, whereby the request of the petitioner to file a replication to the Division), Kalka, whereby the request of the petitioner to file a replication to the Division), Kalka, whereby the request of the petitioner to file a replication to the amended written statement of respondents/defendants No.1 to 4 and to lead amended written statement of respondents/defendants No.1 to 4 and to lead amended written statement of respondents/defendants No.1 to 4 and to lead amended written statement of respondents/defendants No.1 to 4 and to lead evidence in that regard has been declined. evidence in that regard has been 2. A perusal of the record reveals that in a suit for possession filed by the A perusal of the record reveals that in a suit for possession filed by the A perusal of the record reveals that in a suit for possession filed by the A perusal of the record reveals that in a suit for possession filed by the petitioner/plaintiff, defendants appeared and filed a joint written statement. Issues petitioner/plaintiff, defendants appeared and filed a joint written statement. Issues petitioner/plaintiff, defendants appeared and filed a joint written statement. Issues petitioner/plaintiff, defendants appeared and filed a joint written statement. Issues were framed and both parties led their evidence. Thereafter, an application under were framed and both parties led their evidence. Thereafter, an application under were framed and both parties led their evidence. Thereafter, an application under were framed and both parties led their evidence. Thereafter, an application under Order VI Rule 17 CPC for amendment of written statement was filed on Order VI Rule 17 CPC for amendment of written statement was filed on Order VI Rule 17 CPC for amendment of written statement was filed on Order VI Rule 17 CPC for amendment of written statement was filed on 07.10.2016 by defendants No.1 to 4. Reply was filed by the plaintiff. The said 07.10.2016 by defendants No.1 to 4. Reply was filed by the plaintiff. The said 07.10.2016 by defendants No.1 to 4. Reply was filed by the plaintiff. The said 07.10.2016 by defendants No.1 to 4. Reply was filed by the plaintiff. The said application was dismissed on 23.11.2016. Against that order, defendants filed civil application was dismissed on 23.11.2016. Against that order, defendants filed civil application was dismissed on 23.11.2016. Against that order, defendants filed civil application was dismissed on 23.11.2016. Against that order, defendants filed civil revision. The said civi l revision was allowed on 13.02.2025 with the following The said civil revision was allowed on 13.02.2025 with the following l revision was allowed on 13.02.2025 with the following observations: “ In the present case, the amendment sought is incorporating the present case, the amendment sought is qua incorporating the factum of the petition being CRM the fact 2010 as also to amend petition being CRM-M-32771-2010 as also to amend TRIPTI SAINI 2025.08.28 11:24 I attest to the accuracy and integrity of this document (O&M) CR-5675-2025 (O&M) -2- - on of learned para No.8 of the written statement. It is the contention of learned para No.8 of the written statement. It is the contenti para No.8 of the written statement. It is the contenti counsel for defendants No.1 to 4 – counsel for defendants No.1 to 4 petitioners that the entire evidence petitioners that the entire evidence now stands led and in view of the proposed amendment, no other now stands led and in view of the proposed amendment, no other now stands led and in view of the proposed amendment, no other now stands led and in view of the proposed amendment, no other evidence is required to be led. In view of the fact that no further evidence is required to be led. In view of the fact that no further evidence is required to be led. In view of the fact that no further evidence is required to be led. In view of the fact that no further learned counsel for defendants evidence needs to be led, as stated by learned counsel for defendants evidence needs to be led, as stated by evidence needs to be led, as stated by petitioners, the present petition is allowed and the No.1 to 4 – petitioners, the present petition is allowed and the petitioners, the present petition is allowed and the No.1 to 4 petitioners under Order VI application filed by defendants No.1 to 4 – petitioners under Order VI application filed by defendants No.1 to 4 application filed by defendants No.1 to 4 Rule 17 CPC for amendment of the written statement is allowed Rule 17 CPC for amendment of the written statement is allowed Rule 17 CPC for amendment of the written statement is allowed Rule 17 CPC for amendment of the written statement is allowed subject to payment of ₹20,000/- (rupees twenty thousand) subject to payment of as costs to (rupees twenty thousand) as costs to be paid to plaintiff. The payment of costs shall be a condition be paid to plaintiff. The payment of costs shall be a condition be paid to plaintiff. The payment of costs shall be a condition be paid to plaintiff. The payment of costs shall be a condition precedent. precedent. However, it is made clear that as stated by learned counsel for However, it is made clear that as stated by learned counsel for However, it is made clear that as stated by learned counsel for be led. defendants No.1 to 4, no further evidence would be allowed to be led. defendants No.1 to 4, no further evidence would be allowed to defendants No.1 to 4, no further evidence would be allowed to The Trial Court is requested to decide the matter expeditiously The Trial Court is requested to decide the matter expeditiously.” 3. Pursuant to the above, defendants filed the amended written Pursuant to the above, defendants filed the amended written Pursuant to the above, defendants filed the amended written Pursuant to the above, defendants filed the amended written , no further evidence was led by the statement. As directed in the above order, no further evidence was led by the , no further evidence was led by the statement. As directed defendants. 4. al Civil Judge (Senior Division), On 01.07.2025, the learned Additional Civil Judge (Senior Division), On 01.07.2025, the learned Addition On 01.07.2025, the learned Addition Kalka passed the following order: Kalka passed the following order: evidence is present. At this stage in terms of directions of “No rebuttal evidence is present. At this stage in terms of directions of evidence is present. At this stage in terms of directions of “No the Hon’ble High Court, amended written statement on behalf of the Hon’ble High Court, amended written statement on behalf of the Hon’ble High Court, amended written statement on behalf of the Hon’ble High Court, amended written statement on behalf of Costs already defendants No.1 to 4 has been filed. Copy supplied. Costs already defendants No.1 to 4 has been filed. Copy supplied. defendants No.1 to 4 has been filed. Copy supplied. paid. Learned counsel for plaintiff seeks opportunity to file replication paid. Learned counsel for plaintiff seeks opportunity to file replication paid. Learned counsel for plaintiff seeks opportunity to file replication paid. Learned counsel for plaintiff seeks opportunity to file replication to the amended written statement. Filing of replication is not a matter to the amended written statement. Filing of replication is not a matter to the amended written statement. Filing of replication is not a matter to the amended written statement. Filing of replication is not a matter of right but a discretion of the Court. The Hon’ble High Court vide of right but a discretion of the Court. The Hon’ble High Court vide of right but a discretion of the Court. The Hon’ble High Court vide of right but a discretion of the Court. The Hon’ble High Court vide TRIPTI SAINI 2025.08.28 11:24 I attest to the accuracy and integrity of this document (O&M) CR-5675-2025 (O&M) -3- - only permitted filing of amended written order dated 13.02.2025 has only permitted filing of amended written only permitted filing of amended written order dated 13.02.2025 has statement subject to costs. Rendering of further evidence by plaintiff statement subject to costs. Rendering of further evidence by plaintiff statement subject to costs. Rendering of further evidence by plaintiff statement subject to costs. Rendering of further evidence by plaintiff has been disallowed. Costs have already been tendered and received. has been disallowed. Costs have already been tendered and received. has been disallowed. Costs have already been tendered and received. has been disallowed. Costs have already been tendered and received. Thus, no ground is made out for filing of replication. Request of Thus, no ground is made out for filing of replication. Request of Thus, no ground is made out for filing of replication. Request of Thus, no ground is made out for filing of replication. Request of plaintiff stands declined. plaintiff Adjourned to 19.07.2025 for rebuttal evidence . It shall be Last djourned to 19.07.2025 for rebuttal evidence. It shall be Last Opportunity. Parties are directed to expedite proceedings..” Opportunity. Parties are directed to expedite proceedings. Opportunity. Parties are directed to expedite proceedings. 5. It is against this order dated 01.07.2025 that the plaintiff has preferred It is against this order dated 01.07.2025 that the plaintiff has preferred It is against this order dated 01.07.2025 that the plaintiff has preferred It is against this order dated 01.07.2025 that the plaintiff has preferred tending that once amended written statement was the present revision petition contending that once amended written statement was tending that once amended written statement was the present revision petition con filed, he should have been permitted to file replication and lead evidence thereto. filed, he should have been permitted to file replication and lead evidence thereto. filed, he should have been permitted to file replication and lead evidence thereto. filed, he should have been permitted to file replication and lead evidence thereto. 6. This contention of learned counsel for the petitioner cannot be This contention of learned counsel for the petitioner cannot be This contention of learned counsel for the petitioner cannot be This contention of learned counsel for the petitioner cannot be r mentioning the fact of accepted. A perusal of the record reveals that except for mentioning the fact of accepted. A perusal of the record reveals that except fo accepted. A perusal of the record reveals that except fo CRM-M-32771- 2010 before the Hon’ble High Court and contents of that petition, -2010 before the Hon’ble High Court and contents of that petition, 2010 before the Hon’ble High Court and contents of that petition, no other fresh plea has been raised by way of amendment. No other amendment no other fresh plea has been raised by way of amendment. No other amendment no other fresh plea has been raised by way of amendment. No other amendment no other fresh plea has been raised by way of amendment. No other amendment has been made. The evidence of the plaintiff and defendants had already come on has been made. The evidence of the plaintiff and defendants had already come has been made. The evidence of the plaintiff and defendants had already come has been made. The evidence of the plaintiff and defendants had already come record as observed vide order dated 13.02.2025 record as observed while allowing the civil revision vide order dated 13.02.2025 while allowing the civil revision . Therefore, the learned trial Court rightly dismissed the request for filing petition. Therefore, the learned trial Court rightly dismissed the request for filing . Therefore, the learned trial Court rightly dismissed the request for filing . Therefore, the learned trial Court rightly dismissed the request for filing replication. 7. The plaintiff has also challenged the order dated 05.08.2025 whereby The plaintiff has also challenged the order dated 05.08.2025 whereby The plaintiff has also challenged the order dated 05.08.2025 whereby The plaintiff has also challenged the order dated 05.08.2025 whereby his evidence in rebuttal was closed by order on the ground that once amended in rebuttal was closed by order on the ground that once amended was closed by order on the ground that once amended written statement was filed, he should have been allowed to lead evidence. Again, written statement was filed, he should have been allowed to lead evidence. Again, written statement was filed, he should have been allowed to lead evidence. Again, written statement was filed, he should have been allowed to lead evidence. Again, this contention is untenable. It has already been observed in order dated this contention is untenable. It has already been observed in order dated this contention is untenable. It has already been observed in order dated this contention is untenable. It has already been observed in order dated 13.02.2025 passed by this Court in the earlier revision 13.02.2025 passed by th that the entire is Court in the earlier revision petition that the entire evidence had already come on record and that the amendment was confined to evidence had already come on record and that the amendment was confined to evidence had already come on record and that the amendment was confined to evidence had already come on record and that the amendment was confined to 2010. No fresh issue arose from the said mentioning the fact of CRM-M-32771-2010. No fresh issue arose from the said 2010. No fresh issue arose from the said mentioning the fact of CRM TRIPTI SAINI 2025.08.28 11:24 I attest to the accuracy and integrity of this document (O&M) CR-5675-2025 (O&M) -4- - e permitted to lead any further amendment. Therefore, the plaintiff could not be permitted to lead any further amendment. Therefore, the plaintiff could not b amendment. Therefore, the plaintiff could not b evidence in affirmative. evidence in affirmative. 8. is concerned, plaintiff was given So far as evidence in rebuttal is concerned, plaintiff was given is concerned, plaintiff was given So far as evidence . Even a last opportunity was granted for opportunity to lead evidence in rebuttal. Even a last opportunity was granted for . Even a last opportunity was granted for opportunity to lead evidence that purpose. Having failed to produce his evidence that purpose. Having failed to produce his , the same was evidence in rebuttal, the same was rightly closed by the Court vide order dated 05.08.2025. rightly closed by the Court vide order dated 05.08.2025. rightly closed by the Court vide order dated 05.08.2025. 9. There is no illegality or infirmity in either of the impugned orders There is no illegality or infirmity in either of the impugned orders There is no illegality or infirmity in either of the impugned orders There is no illegality or infirmity in either of the impugned orders dated 01.07.2025 and 05.08.2025. The same are accordingly upheld. dated 01.07.2025 and 05.08.2025. The same are accordingly upheld. dated 01.07.2025 and 05.08.2025. The same are accordingly upheld. 10. 11. The present revisio n petition stands dismissed he present revision petition stands dismissed
Decision
Pending application(s), if any, also stand disposed off. Pending application(s), if any, also stand disposed off. Pending application(s), if any, also stand disposed off. 2025 August 22, 2025 tripti (MANDEEP PANNU) JUDGE speaking : Speaking Whether speaking/non-speaking : Speaking Whether speaking/non : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2025.08.28 11:24 I attest to the accuracy and integrity of this document