MANOJ SAXENA Vs. ASHOK GOEL

JUDGEMENT

(1.) CM No.19234/2014 (preponing of date by the petitioner)

(2.) THE petitioner, who is the defendant no.2(ii) in the suit, has filed this petition under Article 227 of the Constitution of India impugning the order of the trial court dated 27.11.2013 by which the trial court has rejected the application filed by the petitioner under Order VI R.17 of the Code of Civil Procedure, 1908 (CPC) for amendment of the written statement to add a new para 5A as under: -

(3.) THE trial court has dismissed the application by making observations that the tenant never disputed that the tenancy was under Sh. Khushwaqt Rai who was the owner. Trial court observes that there is no stand in the written statement disputing the ownership of the plaintiff and before that his predecessor Sh. Khushwaqt Rai of the suit property. Trial court also notes that the petitioner/defendant no.2(ii) states that he has "now come to know" is quite clearly an unacceptable basis to seek amendment in the written statement of a suit which is as on today around 32 years old. The trial court finally concluded while dismissing the application that the application was filed with the extraordinary delay and effectively which would have the effect of withdrawing admissions of the ownership of Sh. Khushwaqt Rai over the suit property, and hence the application was misconceived and was liable to be dismissed.