2026 Hon'Ble Alok Kumar Verma vs Sanjay Negi"). The Sole
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Uttarakhand High Court

2026 Hon'Ble Alok Kumar Verma vs Sanjay Negi"). The Sole on 9 April, 2026

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

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      09.04.                        WPMS No.873 of 2026
      2026                          Hon'ble Alok Kumar Verma, J.

The petitioner and Shri Raj Kumar Uniyal, (now deceased) filed an Original Suit (No.122 of 2015, "Ram Kumar Uniyal and Another vs. Sanjay Negi"). The sole defendant passed away on 19.04.2023. The respondent nos.1 to 3 are the legal representatives of the deceased sole defendant and the performa respondent nos.4/1 to 4/5 are the legal representatives of the deceased Shri Raj Kumar Uniyal. The written statement, filed by the original defendant, was adopted by the respondent nos.1 to 3. The respondent nos.1 to 3 filed an application under Order VI Rule 17 CPC seeking amendment of the written statement, filed by the original defendant. Learned trial court rejected the amendment application. A Civil Revision (No.18 of 2025, "Sangeeta Negi and Others vs. Ram Kumar Uniyal and Others") was filed. Learned Additional District Judge, Kotdwar, District Pauri Garhwal allowed the revision vide its judgment dated 10.02.2026. Hence, the present writ petition under Article 227 of the Constitution of India.

2. Heard Mr. Piyush Garg, learned counsel for the petitioner.

3. Mr. Piyush Garg, Advocate, has contended that a legal representative of the deceased defendant can file a written statement or an amendment application to amend the existing written statement. He can only take defence appropriate to his character as a legal representative, but, he cannot raise new claims. Respondent nos.1 to 3 want to raise new claims in the written statement through the amendment application.

4. Admit.

5. Notice is being issued to the respondents. Steps to be taken by all the permissible modes within a week.

6. List on 26.05.2026. Till then, the effect and operation of the judgment dated 10.02.2026, passed by learned Additional District Judge, Kotdwar, District Pauri Garhwal in Civil Revision No.18 of 2025, "Sangeeta Negi and Others vs. Ram Kumar Uniyal and Others", are stayed.

(Alok Kumar Verma, J.) 09.04.2026

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