IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 191 of 2011 Shri Amrik Singh, son of Shri Gurnam Singh, resident of Saraswati Vihar, Haripur Kalan, Tehsil Vikas Nagar, District Dehradun (Defendant). … Petitioner. Versus Shri Rajpal Rohila, son of the late Shri Bal Swaroop, resident of 7/12, Ashirwad Enclave, Dehradun (Plaintiff). … Respondent. Mr. Neeraj Garg, Advocate, learned counsel for the petitioner. Mr. Siddharth Singh, Advocate, learned counsel for the respondent. Date February 28, 2011. Hon’ble B.S.Verma, J. (Stay Vacation Application No. 1095 of 2011) Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 4-1-2010 (Annexure-1 to the petition) passed by learned Judge S.C.C./Additional District Judge/6th F.T.C. Dehradun, in S.C.C. Suit No. 14 of 2010, whereby the application for filing replication by the respondent/plaintiff was allowed and the replica paper no. 66-C was taken on record. Briefly stated, the facts giving rise to the present writ petition, according to the petitioner, are that amendments in the written statements were made twice by the defendant-petitioner. On the first occasion, the counsel for the respondent/plaintiff made an endorsement on the amendment application that he has no objection if the amendment application of the defendant is allowed subject to cost and he also endorsed not to file replication of the amended written statement. Thereafter, second application was also moved and again the second amendment application to amend the written statement was allowed by the trial court and time for replication was also not sought. Thereafter, application 64-C was 2 moved by another counsel appearing on behalf of the plaintiff, asserting therein that earlier counsel did not seek time to file replication, while reply of the amended written statement was necessary. The petitioner-defendant also sought time to file objection against the said application, by which the replication was sought to be taken on record. Time was not granted to the petitioner. The replication was taken on record on the same day by order dated 4-1-2010. The above facts have not been denied by Mr. Siddharth Singh, learned counsel for the respondent-plaintiff but he has contended that in the application moved by the respondent- plaintiff, it is stated that the earlier counsel did not seek time to file replication, while it was necessary to reply the amended paragraphs of the written statement. The same was replied by filing replica which was taken on record. This fact has not been denied by the respondent- plaintiff that the application for taking the replication on record was filed belatedly. Learned counsel for the petitioner has contended that when the right to file replication was waived once, the plaintiff had no right to file replication, therefore, the order passed by the learned trial court is bad in law and at subsequent stage also, no time was sought to file replication and unnecessary pleadings have been included in the replication, which have no concern to the suit in controversy. I have heard learned counsel for the parties. The application was moved by another counsel that the amended written statement was to be replied by the plaintiff. If new facts were added in the written statement, therefore, in the interest of justice the application for taking the replica on record 3 was rightly allowed by the trial court. Undisputedly the application was moved belatedly, therefore, the replication be treated to be taken on record subject to payment of cost of Rs. 1,000/-(one thousand) payable to petitioner-defendant within a period of one week from today. However, so far as the contention regarding irrelevant pleadings having been included in replica is concerned, the petitioner-defendant would be at liberty to argue the same at final stage. With the above direction, the writ petition is disposed of finally. All pending applications stand disposed of accordingly. (B.S.Verma, J.) RCP