IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Writ Petition No. 1877 of 2009 (M/S) Kishan Singh Nagpal … Petitioner Vs Dharmendra Kumar Jain … Respondent Hon’ble B.C. Kandpal, J. By way of this writ petition, the petitioner who is the defendant in P.C. Case No. 54 of 2005, Uttam Chand Jain Vs Kishan Singh Nagpal has challenged the order dated 20.10.2009 passed by Prescribed Authority/Civil Judge (S.D.), Dehradun. 2. Heard Sri R.K. Raizada, learned counsel for the petitioner, Sri Sharad Sharma, learned Senior Advocate assisted by Sri J.S. Bisht, learned counsel for the respondent and perused the record. 3. The Prescribed Authority has observed in the impugned order that the additional written statement 79 ka along with amendment application No. 117 Ka or adding para No. 18Ka was filed by the defendant/petitioner on 21.05.2009 but the reply to the amended para 18Ka had not been given therein. Therefore, at this stage, this amendment application 117Ka has been filed by the defendant/petitioner in which the order to linger on the proceedings. 4. The impugned order does not indicate anywhere that in case, the defendant/petitioner is allowed to file the objection against the proposed amendment made by the respondent in the petition in para 18A, the same is going to change the nature of the case in any manner. I don’t think that the Prescribed Authority/Civil Judge (S.D.), Dehradun 2 was justified in rejecting the application 117Ka filed by the defendant/petitioner. 5. In the aforesaid circumstance, I think, that the order dated 30.10.2009 thereby rejecting the application filed by the defendant/petitioner 117Ka for seeking permission to amend the additional written statement is liable to be set aside. The order passed by the Prescribed Authority allowing the application 106 Ka needs no interference. 6. I direct that the defendant/petitioner shall file the amended written statement within a period of three weeks before the Prescribed Authority/Civil Judge (S.D.) Dehradun. The Prescribed Authority thereafter shall dispose of the case expeditiously without causing any unreasonable delay. 7. In case, the amended written statement is not filed within the stipulated time granted by this Court, the Prescribed Authority/Civil Judge (S.D.), Dehradun shall proceed further in accordance with law. The Prescribed Authority shall take note of this fact that no unnecessary adjournment be granted to either party. 8. With the aforesaid observation, the petition is disposed of finally. (B.C. Kandpal, J.) 10.11.2009 ASWAL