LAWS(CHH)-2010-10-41

PREMCHAND AGRAWAL Vs. NARENDRA KUMAR VERMA

Decided On October 19, 2010
Premchand Agrawal Appellant
V/S
Narendra Kumar Verma Respondents

JUDGEMENT

(1.) The petitioner is aggrieved by the order passed by the trial court rejecting his application under Order VI Rule 17 of CPC for leave to amend the plaint. The petitioner/plaintiff preferred the suit for the respondent's/defendant's eviction from the suit premises some times in the month of November/December, 2002. The defendant submitted his written statement in July 2003, vide Annexure P-2 and thereafter issues were framed by the trial Court. The petitioner moved an application for framing additional issues under Order XIV Rule 5 of CPC in January 2005 on the submission inter alia that on a reading of the written statement, it would appear that the defendant has denied the plaintiff's title to the suit premises hence, an issue in this regard be framed. The application was rejected by the trial court by observing that there is no pleading in the plaint seeking eviction of the defendant on the ground of disclaimer of title.

(2.) The petitioner thereafter moved the subject application under Order VI Rule 17 of CPC in the month of March 2005 inter alia submitting that in para 1, 4, 7 and 12 of the written statement the defendant has denied the plaintiff's title to the suit premises and therefore it has become necessary for the plaintiff to amend the plaint to introduce para 8-A therein to plead that the plaintiff is also entitled to seek eviction of the defendant on the ground of disclaimer of title. The trial court has rejected the prayer for amendment in the plaint.

(3.) Shri Paranjpe, learned counsel for the petitioner would argue that the trial court has committed material irregularity in exercise of jurisdiction by rejecting application for amendment in the plaint which was based on events occurring after filing of the suit. He would submit that the trial court was not correct in saying that there is no denial of title in the written statement.