CW-9696/09 -Municipal Board Vs. Smt. Pawan Lata & Anr. Judgment dt.9.10.09 1/2 S.B. CIVIL WRIT PETITION NO.9696/2009 Municipal Board Vs. Smt. Pawan Lata & Anr. Date of order : 9th October, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Yashwant Mehta for the petitioner. ------- 1. This writ petition has been filed against the order dated 7.9.2009 whereby the learned trial court refused to take on record the amended written statement filed by the petitioner Municipal Board, Mount Abu. 2. Learned counsel submits that though the amended plaint was filed by the plaintiff only on 8.9.2003 as recorded in the order sheet on that day thereafter only the amended written statement was required to be taken on record by the learned trial court before proceeding to frame the issues. However, the learned trial court has proceeded on the assumption that the said amended written statement is being filed after 8 years of institution of the suit and this assumption of the learned trial court is incorrect. 3. Having heard learned counsel and upon perusal of the CW-9696/09 -Municipal Board Vs. Smt. Pawan Lata & Anr. Judgment dt.9.10.09 2/2 order sheets of the learned trial court, it appears that the learned trial court in hot haste has wrongly refused to take on record the amended written statement of the defendant Municipal Board, Mount Abu. When the amended plaint was allowed to be taken on record on 8.9.2003 itself, there was no reason to reject the prayer of the Municipal Board to take on record its amended written statement before proceeding to frame issues. It is unsound exercise of discretion vested in learned trial Court. 4. Consequently, this writ petition is allowed and in the facts and circumstances of the case, in the interest of justice, the amended written statement filed by the petitioner-defendant Municipal Board, Mount Abu is directed to be taken on record, subject to payment of cost of Rs.500/- to the plaintiff-respondent. Copy of this judgment be sent to the opposite parties as well as learned trial court. [ DR. VINEET KOTHARI ], J. item No.s/1 babulal/