SBCWP NO.4571/2008– CENTRAL MODERN EDUCATIONAL SOCIETY AND ANR. V/S SMT. MANJU CHAUDHARY . : ORDER DATED 5.8.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.4571/2008 Central Modern Educational Society and Central Modern Secondary School and another. versus Smt. Manju Choudhary. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.R.K.Thanvi, for the petitioners Mr.N.R.Chaudhary, for the respondent. DATE OF ORDER : 5th AUGUST, 2008. O R D E R 1. Heard the learned counsels for the parties. 2. This petition by the defendant is directed against the order dtd.2.4.2008 passed by the learned trial Court whereby the learned trial Court allowed the application under Order 14 Rule 5 C.P.C. of the plaintiff for framing of additional issue without allowing the SBCWP NO.4571/2008– CENTRAL MODERN EDUCATIONAL SOCIETY AND ANR. V/S SMT. MANJU CHAUDHARY . : ORDER DATED 5.8.2008 2/3 defendant an opportunity to file amended written statement for the additional issue framed at the request of the plaintiff in the said order. 3. Mr.R.K.Thanvi, the learned counsel for the petitioners – defendants submits that without the said amended written statement, the defendants would not be permitted to lead evidence on the issue of nuisance which was raised in the rejoinder by the plaintiff and in the aforesaid additional issue framed by the learned trial Court. 4. This prayer is opposed by the learned counsel for the plaintiff - respondent relying on the decision of this Court in the case of Bishan Singh V/s Virendra Verma and ors. reported in 1992(1) RLW 506 wherein this Court held that the additional ground of eviction can be raised in the rejoinder filed by the plaintiff. 5. There is no quarrel on the proposition laid down in the aforesaid judgment of this Court. However, written statement already filed by the defendants before the learned trial Court does not cover any written statement on the issue of nuisance alleged to have been raised by the defendant in the year 2004 though the written statement was filed by the defendant in the year 2005. Therefore, it appears that SBCWP NO.4571/2008– CENTRAL MODERN EDUCATIONAL SOCIETY AND ANR. V/S SMT. MANJU CHAUDHARY . : ORDER DATED 5.8.2008 3/3 the learned trial Court could not deny an opportunity to the defendant to file amended written statement to the extent of nuisance. 6. Accordingly, this writ petition is allowed and the defendants are permitted to file amended written statement on or before 18.8.2008. Subject to aforesaid observations, the trial may proceed. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.57 Ss/-