KAMLESH GUPTA Vs. MANGAT RAI

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal has been filed against the order dated 17.01.2018 passed by the High Court of Punjab and Haryana dismissing Civil Revision No. 6019/2016 (O & M) filed by the appellant herein. The aforesaid revision petition was filed against an order passed by the Civil Judge (Junior Division) on 20.08.2016, vide which the appellant's application for amendment of the plaint and for impleading another party to C.S. No. 950/2013 had been dismissed.

(3.) The brief facts leading to the instant appeal are as follows: Kamlesh Gupta, the plaintiff in the abovementioned suit (the appellant herein), had mortgaged shop bearing MC No. B-22/56 (15'X60') with Mangat Rai, the first defendant in the suit (the first respondent herein), for a sum of Rs. 7 lakhs vide a mortgage deed dated 22.09.2009. The plaintiff later filed C.S. No. 950/2013 for possession of the suit shop by way of redemption on the payment of the aforesaid mortgage amount. The first defendant in the said suit admitted the claim of the plaintiff, but averred that he had permitted Rakesh Kumar, the second defendant (the second respondent herein), to use the suit shop to run a business. As per the first defendant, the second defendant had agreed to vacate the suit shop when the mortgage was redeemed, but had failed to vacate it at the time of redemption, which gave rise to the suit.