BAND BOX PRIVATE LIMITED Vs. SOM DEV GUPTA

JUDGEMENT

(1.) This revision petition arises from an impugned order dated 9.10.1998, disallowing the application moved by the original defendant/petitioner in the present revision petition for amendment in the written statement. The revision petition arises from a suit filed by the plaintiffs/respondents in the present revision petition in respect of industrial plot measuring 1866.66 sq. yds alongwith the super-structure which was let out to the defendant/petitioner at the rate of Rs. 5,000.00 per month. On the basis that the premises were outside the purview of the Delhi Rent Control Act, 1958, ejectment of the defendant/petilioner was sought from the premises and future mesne profits @ Rs. 3,75,000.00 were also claimed. The suit was filed on 30.5.196, and was resisted by the defendant/petitioner by filing a written statement controverting the allegations in the plaint.

(2.) . This revision petition arises out of an application under Order VI, Rule 17 of the Code of Civil Procedure made by the petitioner/defendant in which an amendment was sought to contend that the premises had been let out to the petitioner/defendant for manufacturing purposes and hence the requirement tor giving six months notice had not been met.

(3.) . The impugned order dated 9.10.1988 dismissed the aforesaid application tor amendment filed by the petitioner. The plaintiffs/respondents contended that this plea was highly belated, an after-thought and the plea was mala fide as it was not even taken in the response to the notice of termination. It was neither taken in the written statement nor in the cross-examination of the plaintiffs/respondents. It was also contended that both the parties have concluded their evidence and case was at the stage of final arguments.