SH. RAJESH KUMAR & ANR. vs PREMWATI &ORS

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24th March, 2025 + CM(M) 1110/2022 & CM APPL. 45063/2022 & CM APPL. 45124/2022 & CM APPL. 3851/2025 SH. RAJESH KUMAR & ANR. .....Petitioner Through: Mr. Mayank Rustagi and Mr. D.K. Rustagi, Advocates versus PREMWATI &ORS .....Respondent Through: Mr. Rajan Chaudhary, Advocate (Through VC) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Mr. Rajan Chaudhary, learned counsel for respondents/plaintiffs appears through videoconferencing and submits that without prejudice to their rights and contentions, they would have no objection to the request of amendment in written statement as sought by the defendants/petitioners herein. He, however, submits that for causing delay in the matter, defendants be burdened with exemplary cost and let there be a time-bound direction to the learned Trial Court to dispose of the suit, expeditiously. 2. Presently, case is at the stage of cross-examination of one of the defendants i.e. DW1 Mr. Rajesh Kumar. 3. This Court has seen the application which the defendants had moved for seeking amendment in the written statement and also the impugned order dated 23.03.2022. 4. Keeping in mind the overall facts and circumstances of the case and the gracious concession given by learned counsel for respondents, the present Signature Not Verified Digitally Signed CM(M) 1110/2022 1 By:SONIA THAPLIYAL Signing Date:25.03.2025 12:49:25 petition is allowed by permitting defendant nos. 1 & 2 (petitioners herein) to amend their written statement in terms of the application moved by them before the learned Trial Court. If such amended written statement is already on record, it would be deemed to be on record and plaintiffs would be at liberty to file replication, if any, within two w