Civil Procedure Code, 1908

Civil Procedure Code, 1908—Order 6, Rule 16—Striking off the additional written statement—Plea of the appellants, in the present case,  that the application filed by respondent Nos.1 and 2 for striking off the additional written statement was highly belated—Rejected by the High Court by observing that the trial Court could have compensated appelllants by imposing cost—Held, High Court was not at all justified in allowing the application filed for striking off the additional written statement and that too without even adverting to Order VI Rule 16 CPC and considering whether respondent Nos. 1 and 2 were able to make out a case for exercise of power by the court under that provision—High Court should have seriously examined the issue of delay in the backdrop of the facts that respondent Nos.1 and 2 did not object to the taking on record the additional written statement or framing of additional issues and led their evidence and further that the application was filed after almost one year of completion of their evidence—Appeal allowed—The impugned order of the High Court is set aside and the one passed by the trial Court is restored—Respondent Nos. 1 and 2 shall pay cost of Rs.25,000/- to the appellants for burdening them with unnecessary litigation.