Sher Singh And Others vs Harish Chander And Others

Bipin Chander Negi, J

By way of the present petition, a challenge has been laid to order dated 04.08.2023 passed by the learned Senior Civil Jud e, Court No. 1, Sundernagar Mandi, District Mandi, H.P. in case titled Harish Chander and Ors. vs. Sher Singh and Ors., whereby an application filed under Order 6 Rule 17 CPC by the present petitioners/defendants, seeking amendment in the written statement has been disallowed.

Heard learned counsel for the parties and perused the impugned order and the documents appended along with the same.

It is an admitted position that the application seeking amendment has been filed at the stage of final arguments. The plea sought to be raised is with respect to non-joinder of parties The specific objection sought to be raised in this respect is being reproduced here-in-below:-

“3. that the suit is bad for non joinder of necessary parties, such as Subhash Chander and Birij Bala. Hence, the suit is liable to be dismissed”.

In this respect, a reference to Order 1 Rule 13 CPC would be absolutely imperative. Order 1 Rule 13 CPC reads as follows:-

“Order 1 R le 13 CPC

Objections as to non-joinder or mis-joinder - All objections on the ground of non-joinder or mis-joinder of parties shall be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such settlement, unless the ground of objection has subsequently arisen, and any such objection not so taken shall be deemed to have been waived.”

Since the objection with respect to non-joinder of parties is being raised in the case after framing of issues (specifically at the time when the matter was fixed for final arguments), hence in view of the bare provision of Order 1 Rule 13 CPC, this objection is deemed to have been waived.

In view of the aforesaid, I see no reason to interfere with the impugned order dated 04.08.2023 passed by the learned trial Court. Accordingly, the present petition is dismissed. Pending application(s), if any, also stands disposed of.

Parties are directed to appear before the learned Trial Court on 20.11.2025.