IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA C.M.P. (M.O.) No. 584 of 2009 Date of Decision: 21.05.2010 __________________________________________________________ Sh. Sukh Dev and others. ….Petitioners. Versus Sh. Sohanu. ….Respondent. ___________________________________________________________ Coram The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 No __________________________________________________________ For the Petitioners: Mr. K.S. Banyal, Advocate. For the Respondent: Mr. Rajesh Kumar, Advocate. __________________________________________________________ Dev Darshan Sud, J. (Oral) The petitioners challenge the order of the learned Trial Court dismissing their application for amendment of the written statement. The learned Trial Court has rejected the application on the ground that it has been filed at a very belated stage and the case is now at the argument stage. 2. Without going into the legality of the submissions made by the learned counsel for the petitioner, since the suit is ready for hearing and arguments may be in progress, this petition is disposed of with the direction that it will be open to the petitioner in any appeal which he may prefer against the judgment and decree of the Trial Court, if the case is decided against him, to urge 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes 2 that the dismissal of the application was illegal and has caused serious prejudice to the petitioner. It will be for the Appellate Court to determine that the rejection of application has caused prejudice or not. This court has not expressed any opinion on the legality of the submissions made by learned counsel for the petitioners or of the order passed by the Trial Court. This order will not preclude the Appellate Court to consider such plea, if raised independently on its own. This petition is disposed of. There shall be no order as to costs. May 21, 2010 (Dev Darshan Sud), (KRS) Judge