NEENA BHATNAGAR Vs. FIRST FAST TRACK COURT

JUDGEMENT

(1.) BY means of this petition, moved under Article 227 of the Constitution of India, the petitioner has sought direction in the nature of writ of certiorari for quashing the order dated 7 -2 -2004 passed by respondent No. 1 in civil suit No. 26 of 2003.

(2.) BRIEF facts of the case as narrated in the petition are that a civil suit No. 26 of 2003 was instituted before the Court of Civil Judge (Senior Division), Nainital by the petitioner against the respondent No. 2 for permanent injunction restraining the defendant (respondent No. 2) from interfering in peaceful possession of the plaintiff (petitioner). In the plaint of said unit the petitioner had claimed herself to be tenant of the respondent No. 2 on rent at the rate of Rs. 3000/ - per month. It is alleged that the petitioner moved an application for amendment (copy Annexure -2) in the plaint, whereby she sought to plead rate of rent to be Rs. 1,650/ - per month in place of Rs. 3000/ - per month. Simultaneously valuation of suit is sought to be corrected accordingly. The learned trial Court after hearing the objections of the other party, rejected the application for amendment vide its order dated 7 -2 -2004, aggrieved by which the present petition has been filed.

(3.) I have heard the learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit, along with the annexures annexed thereto.