RUKHSANA Vs. PAWAN KUMAR SHARMA

JUDGEMENT

(1.) This revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as 'the Act'), has been filed against the order dated 27.07.2019 passed by 1st Additional District Judge, Haldwani, District Nainital in Misc. Case No. 39 of 2018, "Pawan Kumar Sharma and others Vs. Smt. Rukhsana and others", whereby the application 22C moved under Section 151 of C.P.C. seeking amendment in the application filed under Order 21 Rule 97 C.P.C., has been allowed.

(2.) Brief facts of the case are that revisionist had filed a suit being SCC No. 14 of 2017 for recovery of rent and ejectment against the respondent no.3. The said suit was transferred to Additional District Judge-I, Haldwani, District Nainital which was decreed vide judgment and order dated 23.05.2018. Thereafter, the revisionist filed an execution application being Execution Case No. 2 of 2018 "Smt. Rukhsana Vs. Mohd. Yunu" before the said Court for delivery of possession. The respondent no.1 & 2 also filed an application under Order 21 Rule 97 of C.P.C., which has been registered as Misc. Civil Case No. 39 of 2018 "Pawan Kumar Sharma and another Vs. Smt. Rukhsana and another". The revisionist filed her objections to the said application. During the pendency of the said application, the respondent nos.1 & 2 filed an application under Section 151 of C.P.C. for amendment in their application moved under Order 21 Rule 97 stating therein that while drafting the application under Order 21 Rule 97, the judgment debtor/applicants' address was wrongly written as 'behind Tiwari Nursing Home' instead of 'Near Tiwari Nursing Home'. Hence, a prayer was made to amend the word 'behind' by 'near'. The revisionist filed her objections against the said amendment stating therein that no provision is available under the law for amendment in any of the application. It is further stated that provisions under Section 151 of C.P.C. could not be invoked in routine manner seeking amendment in the application. The Court below by impugned order dated 27.07.2019 allowed the application of the respondent nos.1 & 2. Hence, present civil revision.

(3.) Heard learned counsel for the parties and perused the material available on record.