KAUSHALYA DEVI VOHRA Vs. MOHINDER LAL GUPTA

JUDGEMENT

(1.) Special leave granted.

(2.) The appellant had filed an eviction petition on the ground of bona fide need against two tenants. The trial Court allowed the petition and the lower appellate Court affirmed the said decision.

(3.) Smt. Tara Sharma who was one of the tenants then filed a civil revision but the same was dismissed by the High Court on 7/05/1997. The respondent also filed a civil revision. It appears that the respondent had filed an application for amendment of the written statement before the lower appellate Court which had been dismissed. The High Court in exercise of its powers under Section 115, Civil Procedure Code allowed the amendment of the written statement, set aside the orders and remanded the matter to the trial Court for a fresh decision. This is notwithstanding the fact that the civil revision of the other tenant had been dismissed by the same Hon'ble judge thereby affirming the findings of the trial Court and the lower appellate Court.