C.R. No. 2006 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2006 of 2009 Date of Decision: September 3, 2009 Balraj Singh …..Petitioner Vs. Joginder Singh …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. G.L. Bajaj, Advocate for the petitioner. Mr.D.D. Bansal, Advocate for the respondent. -.- M.M.S. BEDI, J. (ORAL) Vide impugned order dated June 9, 2007, the defence of the defendant- petitioner was struck off on account of his failure to file written statement to the amended plaint. Counsel for the petitioner submits that the plaintiff- respondent had filed a suit for permanent injunction to retrain the defendant- petitioner C.R. No. 2006 of 2009 [2] from installing/ digging tubewell on the land which is co-owned by the parties. The petitioner- defendant had filed a written statement and had also completed the construction work. The plaintiff- respondent amended his suit and converted the same into a suit for mandatory injunction. Counsel for the petitioner has contended that the defence of the petitioner which has already been put-forth in his written statement to the un-amended plaint cannot be struck off wherein he has taken all the legal pleas. I have heard counsel for the petitioner and I am of the opinion that the written statement filed by the defendant- petitioner to the un- amended plaint cannot be set at naught on account of his having not been able to file written statement to the amended plaint. Striking of the defence of the petitioner on account of non-filing of written statement to the amended plaint will not, in any manner, tentamount to any implication that the pleas taken by him in the un-amended written statement also stand struck off. The pleas already raised by the defendant- petitioner will be available to the defendant to contest the claim of the plaintiff for injunction. The petitioner will have a legal right to contest the claim of the plaintiff- respondent on the basis of the pleas already taken by him in accordance with law under Civil Procedure Code. With the abovesaid clarification, this petition is disposed of. September 3, 2009 (M.M.S.BEDI) sanjay JUDGE