1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.3586/07 Ghanshyam vs. Additional Civil Judge (JD) & Judicial Magistrate No.3, Kota & Anr. Date of order : 12/2/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Surendra Sharma for the petitioner. ****** The writ petition has been filed challenging the order of the trial court dated 5.1.2007 on the premise that in spite of the fact that very same Court on 20.11.2006 permitted the defendant petitioner to amend the written statement to the extent of its contents in para 4(e) the order was passed not to take the amended written statement on record. On perusal of the impugned order dated 20.11.2006, it appears that the Court while allowing the prayer of the defendant to amend the written statement had permitted him to only correct the mistake so as to admit the contents of para 4(e) 2 of the plaint rather than denying them. However, it appears that the defendant when he filed written statement, made much more detailed averments than just correcting that mistake. The learned trial court to that extent could not be said to be unjustified in passing the impugned order. However, keeping in view the order dated 20.11.2006 which permitted the defendant-petitioner to be restricted the amendment in the written statement in para 4(e), the petitioner would be still at liberty to apply to the trial court and in case the amended written statement is filed on the lines on which permission was granted to the defendant in order dated 20.11.06, such application shall be considered afresh by the trial court and decided in accordance with law. With these observations, the writ petition is disposed of. (MOHAMMAD RAFIQ), J. 3 RS/