Item No.32
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.271 OF 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The present appeal has been preferred by the appellants/writ
petitioners assailing an order dated 28.12.2020 passed by the learned
Single Judge dismissing I.A.No.5 of 2019 in W.P.No.1009 of 2019
moved by the appellants/writ petitioners under Order VI Rule 17 CPC
praying inter alia for permission to amend the writ affidavit
with consequential amendments and insert a para comprising of
42 sub-paras in the original writ affidavit.
2. Learned counsel for the appellants states that there was a
necessity to move an application for amendment in view of the
averments made by the respondents in their counter affidavit on
account of some subsequent developments that had taken place during the pendency of the writ petition. We have indicated to learned counsel that we are not inclined to interfere in the impugned order. At this stage, she states that liberty be granted to the appellants to mention the said developments while rejoining to the specific pleas taken by the respondents in the counter affidavit.
3. Leave, as prayed for, is granted limited to bringing on record additional facts on the basis of subsequent developments that have taken place after filing of the writ petition and for dealing with the pleas of the respondents in the counter affidavit, subject to the W.A.No.271 of 2021 Page 1 of 2 2 condition that a rejoinder has not been filed by the appellant to the counter affidavit of the respondents so far.
4. The present appeal is disposed of along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 17.08.2021 Lrkm W.A.No.271 of 2021 Page 2 of 2