GAUTAM MOTORS Vs. PAWAN DYNAMICS PVT LTD

JUDGEMENT

(1.) BY way of the present petition under Article 227 of the Constitution of India, the petitioners have assailed order dated 15 th March 2011 whereby the petitioners' application for review of order dated 18 th November, 2010 was dismissed and also the order dated 21st December, 2010 whereby an additional issue was framed in the matter.

(2.) BRIEF facts for the purpose of adjudication of the present petition are that the respondent/landlord had filed a suit for eviction against the petitioners/tenant. During the course of proceedings, the respondent filed an application under Order 6 Rule 17 CPC for including the prayer for recovery of pendent lite mesne profit.

(3.) OBSERVED that non -payment of rent of each month gives rise to fresh cause of action. The suit was filed in May, 2008 and as per the respondent, rent upto that period stood paid. Objection under Order 2 Rule 2 CPC could not be raised qua rent payable for June, July, 2008 onwards in a suit which was filed in May, 2008. The learned Trial Court observed that although the respondent could file a fresh suit but that would lead to, and increase only multiplicity of litigations and accordingly, allowed the application of the respondent.